B S HALVADIA Vs. EXECUTIVE ENGINEER TR

JUDGEMENT

(1.) RULE. Ms. Manisha Lavkumar, learned Counsel waives service of notice of Rule for Respondent No. 1 and with the consent of the learned Counsel appearing for both the sides, the matter is finally heard today.

(2.) THE short facts of the case appear to be that the petitioner joined the service on 6. 3. 1979 and in the year 1997 the petitioner was granted grade of Rs. 3400-8300. On 29. 7. 2004, the then respondent Board introduced GSO 334 providing various yardsticks and eligibility criteria for conferring the benefits of higher pay-scale. On 13. 7. 2006, the respondent Board passed the order for recovery of the higher pay-sale granted to the petitioner being the difference between the pay-scale to which the petitioner was entitled of Rs. 3200-6905 and the pay-scale granted to the petitioner of Rs. 3400-8300. The petitioner retired from service on 31. 7. 2006 upon reaching the age of superannuation. Initially the petitioner served notice to the respondent Board and thereafter the petitioner preferred Special Civil Application No. 3884 of 2006. This Court (Coram: H. K. Rathod, J.) vide order dated 22. 11. 2006 directed for making representation and such representation was to be considered. It appears that thereafter the petitioner did make representation, which has been decided vide order dated 6. 2. 2007 and it is decided that the petitioner is not eligible for second higher pay-scale of Rs. 3400-8300 w. e. f. 21. 5. 1998. It is under these circumstances, the present petition.

(3.) I have heard Mr. Paul, learned Counsel for the petitioner and Ms. Manisha Lavkumar, learned Counsel for the respondent.