J B MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY filing this petition, the petitioner has prayed that appropriate writ, order or direction may be issued declaring the impugned action on the part of respondent No.2, in delaying fixation of salary of the petitioner and to deny him the consequential benefits. The main grievance of the petitioner in this petition is regarding fixation of salary by respondent No.2. This petition is filed in the year 1994.

(2.) THE petitioner had initially joined the services of the State Government in Class -III post, as Vaidhkiya Adhikari. Thereafter, after giving resignation, he joined services on Class -II post as Medical Officer in the State services. Since that time as his salary was not properly fixed, this petition has been filed by the petitioner.

(3.) HOWEVER , Mr.T.R.Mishra, learned Advocate for the petitioner submitted that on his superannuation, his pension is not properly fixed, as the same is fixed treating his services between 1979 to 1998, i.e. at the time when he was holding Class -II post. Mr.Mishra further submitted that while fixing the pension, his past service of the year 1967 to 1979 is not taken into consideration. Of course this is a subsequent development after filing the petition, therefore, the same is not finding place in the petition.