LAWS(GJH)-2016-9-236

PATEL ANANDBHAI HARGOVINDAS Vs. STATE OF GUJARAT

Decided On September 29, 2016
Patel Anandbhai Hargovindas Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By filing the present petition, the petitioner has prayed to set aside order dated 02.07.2015 passed by the Deputy Conservator of Forest, Himmatnagar, District Sabarkantha, (North Division)the second respondent herein whereby the second higher payscale was denied to him. The petitioner was Beat Guard appointed on 09.06.1966 and came to be promoted as Forester with effect from 02.03.1977.

(2.) The scheme of granting higher payscale to the government employees who are stagnated on their posts without opportunity to promotion, has been provided by the State Government as per the provisions of the Finance Department Resolution dated 16.08.1994.

(3.) The petitioner was extended the first higher payscale on 01.06.1987. The petitioner was not given the second higher payscale. Without earning the second scale, he came to be retired with effect from 28.02.2003 after rendering 37 years of service. There was no departmental inquiry or punishment imposed against the petitioner. It appears that the petitioner applied for getting the second higher payscale on 13.01.2012, in response to which, the impugned order dated 02.07.2015 was passed.