RAJENDRA GORAKHNATH BAVISKAR Vs. CHIEF METROPOLITAN MAGISTRATE

JUDGEMENT

(1.) Upon joint request, the matter is taken up for final hearing. There is also consensus that the point and focus in this petition has been resolved in several decisions of this Court as well as the Hon'ble Apex Court.

(2.) The petitioner has prayed for quashing the order passed by respondent No.1 Chief Metropolitan Magistrate at Ahmedabad, rejecting the petitioner's request for the grant of Higher Grade Scale, though, he had completed nine years of service and had also cleared Higher Standard Departmental Examination. The entire claim in this petition is founded upon the Government Resolution dated 16.8.1994 wherein in Paragraph-3, Clause-II, on completion of certain years service, in the same cadre or on the same post, Higher Grade Scale has been provided.

(3.) It is very clear from the impugned order of respondent No.1 that the entitlement for Higher Grade Scale is denied only on the ground that the completion of nine years service on the same post or cadre has not taken place in the same office in the same District. It is not in dispute that the period of nine years and another condition of passing of Higher Standard Departmental Examination is satisfied. The objection, which has created obstacle in getting the same and entitlement in so far as the petitioner is concerned in terms of the same order of ld. Chief Metropolitan Magistrate respondent No.1, is that the completion of the prescribed spell of service of nine years is not completed in the same District which is never in the contemplation of the relevant resolution of the Government. It appears that the view taken by respondent No.1 is not only erroneous but runs counter to the settled above proposition of law enunciated in various decisions of this Court, as well as, of the Hon'ble Apex Court.