VAJEGARBHAI KHIMAGARBHAI MEGHNATHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The only short question, which requires to be considered and adjudicated upon in this petition under Article 226 of the CONSTITUTION OF INDIA, is as to whether the petitioner is entitled to the grant of second higher pay scale and if, what is the resultant benefit thereof.

(2.) The higher pay scale policy is introduced for the purpose of giving some incentive and encroachment in the employment for the simple reason, that in absence of lack of promotional avenues in the cadre. In order to earn benefit of higher pay scale in terms of the resolution of the State Government dated July 5, 1991 conditions prescribed therein are required to be fulfilled by the claimant-employee.

(3.) By virtue of the resolution of the Government dated 5/7/1991, the respondent-State has given direction to give higher pay-scale to those who have no chance of promotion or have less chance. It is further provided in the said resolution that the employees should be entitled to and granted first, second and third higher pay scale on completion of 9, 18 and 27 years of service respectively. By another resolution dated 16/8/1994, it has been modified the earlier resolution dated 5/7/1991 to some extend by the subsequent resolution. It has been further directed, that the second and third higher pay scale can be given only to those employees who have completed 18 and 27 years of service respectively after 1/6/1987 or the employees who have reached on the maximum pay scale in the corresponding cadre and stagnated atleast one year on the maximum stage of pay scale whichever is latter.