KHODIDAS M PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has approached this Court under Article 226 of the Constitution of India for writ of Mandamus or any other appropriate direction to the respondents for according him the benefit of higher pay scale pursuant to Government Resolution dated 5.7.1991 as he is stagnated on this post till the date of his retirement without getting any promotion.

(2.) The facts, in brief, deserve to be set out as under:

(3.) Shri R.A. Mishra, learned counsel appearing for the petitioner, submitted that, looking to the reply, the petitioner did not fulfill the qualification criteria for promotional post. However, identical situated one Shri Kamaluddin Abbasbhai Sorthia was granted the benefit of higher grade pay scale and, therefore, at least, in view of the provisions of Articles 14 and 16 of the Constitution of India, the petitioner also deserves to be accorded the similar treatment.