KOKILABEN ARUNBHAI DESAI Vs. SALES TAX COMMISSIONER

JUDGEMENT

(1.) By way of this petition, petitioner has prayed that the orders dtd. 19/8/1996, 23/9/1996, 1/10/1996, 8/10/1996 and 20/8/1998 be declared as unconstitutional, illegal and against the provisions of Articles 14 and 16 of the Constitution of India. It is also prayed that Government Resolution dtd. 16/8/1994 be declared as illegal, ultra-vires and unconstitutional. Petitioner has also prayed that the Government Resolution dtd. 11/12/1995 issued by the Finance Department be quashed and set aside and it is also prayed that respondents have no right, power or jurisdiction to order recovery of first higher pay scale, given to the petitioner and re-fix the pay of the petitioner.

(2.) Heard learned advocate Mr. Hardik Raval for the petitioner and learned AGP Mr. Gautam for the respondents.

(3.) Learned advocate for the petitioner submitted that on 19/7/1962, petitioner joined the Sales Tax Department as Junior Clerk. She was promoted to the post of Sales Tax Inspector on 16/6/1969. In 1971, post of Senior Clerk was introduced. Before 1971, junior clerk was directly promoted to post of Sales Tax Inspector. Government passed a resolution on 12/12/1978, wherein, it has been resolved that as a special case, the pay of the senior persons promoted directly to the post of Sales Tax Inspector from the cadre of clerks should be stepped up from the pay of their juniors who has been promoted first as senior clerks and then given selection grade. The aforesaid resolution was actually implemented on 31/3/1979. Petitioner was therefore put in a scale on Rs.250.00420/- with effect from 1/11/1975.