STATE OF GUJARAT Vs. G N DESAI

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgement and order dated 22nd March, 2004 passed by the learned Single Judge in Special Civil Application No. 3618 of 1999 whereby the learned Single Judge has partly allowed the appeal by holding that the petitioner (respondent herein) would be governed by the scheme of 5th July, 1991 and that he will be entitled to receive benefit of grant of higher grade pay-scale on completion of 9, 18, and 27 years of service.

(2.) The respondent herein, the original petitioner, (hereinafter referred to as 'the petitioner') had filed the abovementioned Special Civil Application seeking the following substantive reliefs 15. The petitioner, therefore, prays that this Hon-ble Court may be pleased to issue a writ of mandamus or any other writ, order or direction. quashing and setting aside the letter dated 16.2.99 in so far as it concerns the petitioner. Directing the Respondents to grant the higher grade scales of Rs. 1640-2900, 2000-3500 and 2200-4000 to the petitioner on completion of 9,18, and 27 years service as per the Government Resolution dated 5.7.91 and to revise his pension accordingly and to pay the resultant amount with 12% interest.

(3.) The case of the petitioner as stated in the petition was that he was appointed as a storekeeper on 29th March, 1962 under the Superintending Engineer, Surat Irrigation Circle (appellant No. 2 herein) and he voluntarily retired on 31st March, 1989 after putting in service of 27 years, without getting a single promotion throughout his career. That as per the Government Resolution dated 5th July, 1991, an employee would be entitled to higher grade scales on completion of 9, 18 and 27 years of service counting from the date of his appointment in case he has not got more than two promotions. That as the petitioner had not got any promotion, he became entitled to all three higher-grade scales on 28.3.1971, 28.3.1980 and 28.3.1989. It was also the case of the petitioner that he was entitled to first higher grade scale of Rs. 1640-2900 instead of 1400-2600, however, it appears that the said relief was not pressed before the learned Single Judge.