R K SHELAT REGISTRAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the Learned Advocate, Mr. I.S.Supehia, on behalf of petitioner.

(2.) Rule. Learned A.G.P., Mr. Dabhi, waives the service of rule on behalf of respondent Nos.1 and 2.

(3.) The brief facts of the present petition are that the petitioner retired as Assistant Registrar on attaining age of superannuation on 30th October 2002. Thereafter, the petitioner applied for the post of Registrar in Gujarat Public Work Contract Dispute Arbitration Tribunal, Lal Darwaja, Ahmedabad through Chairman of the Tribunal. The petitioner was given appointment for the period of 1 Year on contractual basis as per the post and pay scale sanctioned by the Government of Gujarat. On 1st October 2004, the petitioner took over as Registrar of the Tribunal for the period of 1 Year up to 30 September 2005. In August 2005, Legal Department reappointed the petitioner on the sanctioned post of Registrar w.e.f. 1st October 2005 to 30th September 2006 by Resolution dated 2nd August 2005. On 19th October 2005, by office order, Legal department fixed the pay of the petitioner at the minimum of the prescribed pay scale + Admissible allowance as per GAD Resolution dated 9/5/2002. On 21st December 2005, Government issued one another GR that employee will be entitled to get the total remuneration on the pay scale in which he was working on the date of his retirement " (minus) Basic Pension. Thus, substituted the earlier GR dated 9/5/2002. Therefore, salary of the petitioner was re-fixed by the respondent which resulted loss of about Rs.10,854/-. Therefore, petitioner wrote a letter on 10th February 2006 to the Secretary, Legal Department, Government of Gujarat pointing out difficulty and other relevant facts. On 6th March 2006, Deputy Secretary, Legal Department sent reply to the petitioner informing that though the order of reappointment of the petitioner is prior to 21/12/2005, the date of issuance of Resolution, the petitioner's salary will have to be re-fixed accordingly.