M K JANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner was appointed as Works Manager by order dated 29-3-68 in the pay scale of Rs. 250 which has subsequently amended. The appointment was on probation for a period of one year. According to the petitioner though he successfully completed his probation period and though the probation period was to be over in month of April 1969 and although the petitioner was working upto October 1972 as Works Manager Class III the petitioner received no letter regarding completion of probation. According to the petitioner the post of Works Manager Class III at the time when he was appointed was an isolated post. By an order dated October 27 1972 the petitioner was transferred and posted in the same pay scale as Stores officer. By this very order dAted 27-10-1972 (Annex. B) one T. B. Bhatti who is junior to the petitioner was promoted to the post of Works Manager in the pay scale of Rs. 325-575 vice M. K. Jani works Manager transferred. The petitioner is a direct rectruit to the post of Works Manager Class III. Petitioners case is that his substantive appointment was as Works Manager Class III and his lien was on the post of Works Manager Class III. Thereafter it seems that by order dated May 31 1977 (Annex. B) the petitioner was temporarily appointed to officiate as Works Manager Class II in the pay scale of Rs. 650-1200 on the upgraded post for a period of not exceeding one year in the first instance from the date he assumed the charge of the upgraded post of Works Manager. Shri T. B. Bhatti who was working as Works Manager Class III was transferred and posted as Store Officer Class III vice Mr. M. R. Jani -the petitioner. Pursuant to the above order the petitioner has been working as Works Manager Class II.

(2.) Now according to the Gujarat Civil Services (Revision of Pay) Rules 1975 the pay scale of Store Officer Class III was revised to Rs 500-900 from Rs. 325-575 with effect from 1-1-1973. The post of Works Manager Class III was upgraded to Class II in the scale of Rs. 650-1200 vide Health & Family Welfare Department Government Resolution dated 1-4-1977 with effect from 1-4-1977. The grievance of the petitioner was that though the appointment of the petitioner was made against the substantive post of Works Manager Class III and he held a lien on the said post and though the petitioner actually worked from 1-4-1968 to October 1972 and subsequently started working as Works Manager Class II from June 1977 onwards the benefit of the arrears of pay from 1-1-1973 to 31 has not been awarded to the petitioner. On the other hand the benefit of higher payscale of Rs. 650-1200 is given to Shri T. B. Bhatti who is admittedly junior to the petitioner working as junior Foremen. His further grievance is that his pay is notionally fixed in the present pay scale as per order dated 9-12-1981 Annexture F to the petition but the petitioner is not being paid the arrears of pay even pursuant to that order from 1977 onwards. According to petitioner Special Civil Application No. 60/80 was filed by Shri T. B. Bhatti and in that matter a statement was made on behalf of the Government that the pay of Shri Bhatti would be fixed from 1973 to 31-5-1977 in the payscale of Rs. 650-1200 and he would be paid arrears. Petitioners further contention is that his substantive post was Works Manager Class III and his services were transferred in public interest. He submitted that the fact that Mr. Bhatti was appointed as Store Officer Class III and the petitioner was appointed as Works Manager Class II on upgradation of the post goes to show that Mr. Bhatti was not substantively appointed Works Manager.

(3.) Learned Advocate appearing for the respondents has submitted that the petitioner is not entitled to any arrears prior to 1-6-1977 as petitioner has not worked in the payscale of Rs. 650-1200 as Works Manager and that the order dated 9-12-1981 was not implemented as it was not accepted by the Assistant Examiner Local Funds Accounts Ahmedabad.