COMMISSIONER Vs. RAGINABEN K PIJKAR

JUDGEMENT

(1.) The petitioner - State has challenged the order of Civil Services Tribunal, Gandhinagar, dated 7.8.1995 Civil Services Tribunal, Gandhinagar, dated 7.8.1995 the ground that the learned Civil Service Tribunal has wrongly given the benefit of higher pay scale to the respondent inspite of the fact that she had refused the promotion which was offered to her at the relevant point of time, and also that grant of higher pay scale to the respondent herein is contrary to the Government Resolution dated 16.8.1994 issued by the Finance Department of State of Gujarat.

(2.) The short facts of the petition are that by an order dated 30.3.1993 the respondent, who was working as staff nurse in the pay scale of Rs.1350-2200, was promoted on purely ad-hoc and temporary basis as a head nurse in the pay scale of Rs.1400-2600 and was transferred from Civil Hospital, Ahmedabad to General Hospital at Patan. That alongwith the petitioner about 62 other staff nurses were also promoted and transferred by the said general order dated 30.3.1993 issued by the Additional Director, Gandhinagar.

(3.) It is pertinent to note that in the said order of ad hoc and temporary promotion it was clearly mentioned that the employee, who is transferred is to report at the place of transfer on or before 15.4.1993 and in case if employee refuses to accept the promotion the authority was to be intimated about the acceptance or refusal, as the case may be. It was further made clear that if refusal or acceptance is not submitted to the authority within the specified time limit then it would be presumed by the authority that such employee is not willing to accept the promotion and the order of promotion will be cancelled and the person who comes next in the serial number will be given promotion and no representation thereafter will be entertained.