VIJAY KUMAR HARIKISHAN PATHAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Ms. Moksha Thakkar for learned advocate Mr. N.K. Majmudar appearing on behalf of petitioners and learned Government Pleader Mr. Sunit Shah with learned A.G.P. Mr. Dave appearing on behalf of respondents - State Authorities.

(2.) The brief facts of the present petitions are that the petitioners are working as Medical Officer Class-II with the respondent. The first and second higher pay scale as per recommendations of Tiku Pay Commission available to the petitioners from the initial date of entry in service and also from the continuous officiation, but, respondents have not granted the said benefits from the date of joining in the service. No steps have been taken by the respondents to pay the said benefits to the petitioners. The pay fixation is also not carried out by the respondents. The petitioners are appointed as Medical Officer Class-II bonded and they have been confirmed in service on long term basis pursuance to their passing of the GPSC examination, but, benefit of higher pay scale has not been granted from date of initial appointment, but, same has been granted from the date of passing the GPSC examination by the petitioner. Therefore, the group of petitions filed by the petitioners before this Court.

(3.) Learned advocate Ms. Thakkar also submitted that even on the basis of continuous officiation, petitioners are entitled the benefit of higher pay scale from date of joining or from the date of continuous officiation even that has also been denied to the petitioners. In case of Special Civil Application No.4503 of 2007, she submitted that by communication dated 21st July 2006 issued by the respondents informing that considering the six years completion of service on 14th November 1991 and thirteen years of completion of service on 14th November 1998 and nineteen years of service on 14th November 2004, the higher pay scale has been disbursed to the petitioners. But, learned advocate Ms. Thakkar submitted that initially, petitioners have appointed as Medical Officer Class-II bonded and petitioners have cleared the examination from GPSC in first attempt and by first trial, even though, benefit of higher pay scale from date of joining has been denied to the petitioners. Therefore, the present group of petitions are filed by the petitioners.