PARBATSINH PRABHATSINH JHALA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India, has been filed by the petitioner for appropriate order directing the respondents to give him higher scale as per the seniority from the date of appointment i.e. 01.11.1975 which was given to other employees in April, 1992 and also to direct the respondents to give promotion to the petitioner as given to the other employees as per their order dated 22.11.1996.

(2.) It is the case on behalf of the petitioner, that the petitioner joined Police Department on 01.11.1975 as Armed Police Constable. However, at the relevant time, he was working at Ahmedabad and by order dated 15/01/1985, the petitioner was transferred from Ahmedabad to Kheda North (Dist). It is further stated that the said inter-district transfer was not as request transfer by the petitioner but it was on administrative reasons. It is submitted that as per Government Resolution dated 16.08.1994, the petitioner is entitled to get benefit of higher grade on completion of 9,18 and 27 years and the petitioner is denied benefit of first higher grade on completion of 9 years, as the date of appointment has been considered as 15/11/1985 instead of 01/11/1975. It is submitted that the respondents have materially erred in ignoring the period between 01/11/1975 to 15/01/1985 for the purpose of atleast grating the benefit of higher grade.

(3.) Shri Supehia, learned Advocate appearing on behalf of the petitioner has relied upon the reported decision of Division Bench of this Court in the case of State of Gujarat & Ors. V/s. Mulchandbhai Lavjibhai Patel & Ors. Reported in 2004 (1)GLR 536 as well as decision dated 24.07.2001 of the learned Single Judge of this Court in Special Civil Application No. 8076 of 1995 and has further submitted that past service of the petitioner is to be counted for the limited purpose for eligibility for computing the number of years of qualifying service to enable him to claim higher grade under the scheme of Government Resolution dated 16.08.1994. Therefore, it is requested to allow the Special Civil Application and direct the respondents to grant the petitioner benefit of higher grade as per the Government Resolution dated 16.08.1994 considering his date of appointment in department as 01.11.1975 instead of 15.01.1985.