HARSHADBHAI NARAYANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed for the following prayers:

(2.) The brief facts leading to filing of this petition are such that the petitioner was appointed as Medical Officer, Class-II, he had rendered his continuous service of approximately 25 years; that he had already passed the examination held by GPSC in 1979 and was initially given appointment as Medical Officer, Class-II at PHC, Padra; thereafter, he left his job and joined his service in the hospital run and managed by Kalol Nagarpalika and was serving under Kalol Nagarpalika which is a grant-in-aid institution of the state government; that on 17/10/1994 the state government had passed a government resolution pursuant to the recommendation made by the Tikku Commission for extending the benefit of 1st, 2nd and 3rd higher pay scales to the Medical Officers, Class II on completion of 6,13 and 19 years as there were no promotional avenues for the post of Medical Officer, Class II; on 3/6/2006 the petitioner came to be retired voluntarily and as he was not given the benefit of the higher pay scale, he was constrained to prefer Special Civil Application No.24892 of 2007 before this Court. The said petition was disposed of vide order dtd. 27/9/2007 directing the respondent authorities to consider the representation of the petitioner dtd. 16/5/2007 made by the petitioner to the Director, Nagarpalikas, State of Gujarat, Gandhinagar for extending the benefit of higher pay scales and to pass appropriate reasoned order in accordance with the government resolution passed by the state government within a period of three months from the date of receipt of copy of the said order. That by communication dtd. 28/12/2007, the petitioner was informed by the Chief Officer, Kalol Nagarpalika that he cannot be given the benefit of higher pay scales as he was placed in the maximum pay scale of 2200-4000; that the petitioner made various representations on 11/6/2009, 21/11/2011 and 24/8/2012 to extend the benefit of higher pay scale. The Additional Services, Medical Services, Gandhinagar, on 12/9/2012, informed the petitioner that in the scheme of higher pay scale, as per the recommendation of Tikku pay commission, the employees serving in the grant-in-aid institution are not included. that pursuant to the representation of the petitioner dtd. 24/8/2012, the Deputy Director, Nagarpalikas, State of Gujarat Gandhinagar had also addressed one letter to the Chief Officer, Kalol Nagarpalika to make proposal within the opinion of the Collector; thereafter, the petitioner again preferred representation dtd. 23/5/2013 to the respondent authorities to extend the benefits of higher pay scales; that pursuant to the representation, the Deputy Director, Nagarpalikas, addressed a latter dtd. 20/6/2013 to the Chief Officer, Kalol Nagarpalika to undertake appropriate procedure after due verification and to give appropriate reply to the petitioner; thereafter, on 8/8/2013, the state government has issued one circular for extending benefit of 6th pay commission as well as higher pay scales to the employees of the grant-in-aid institutions; that even the Ahmedabad Municipal Corporation has also issued circular dtd. 30/7/2013 to extend the benefit of higher pay scale as per the recommendation of Tikku commission to the class-I and Class II Medical Officers serving it. Even then, the respondent authorities are not applying the government resolution for extending benefit of higher pay scales as per the recommendations of Tkkku commission in the case of the petitioner.

(3.) Heard learned advocates for the parties.