PATEL ASHWINBHAI SOMABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Dhaval N. Vakil for the petitioner, learned advocate Mr. H.S. Munshaw for respondents No.2 and 3 and learned AGP Ms.Amita Shah for respondent No.1.

(2.) Perused the record. The petitioner has prayed to quash and set-aside the order dated 20.12.2006 by the respondents, whereby respondents have refused to revise their order regarding refusal to grant higher pay-scale to the petitioner. The petitioner has also prayed for declaration that he is entitled to the benefit of higher pay-scale on completion of 9 years service, which is to be computed from the initial date of selection and appointment i.e. on the basis of total length of service by the petitioner in different departments/districts of the respondents. Thereby, petitioner has further requested for a direction to the respondent-authority to place the petitioner on higher pay-scale on completion of 9 years service from initiate date of his appointment and to pay salary and difference and arrears of salary, as if higher pay-scale has been granted on due date.

(3.) It is undisputed fact that petitioner joined as Laboratory Technician at Primary Health Centre ('PHC', for short), Mandal, Ta.: Viramgam, Dist.: Ahmedabad on 15.11.1983 and pursuant to such appointment, he resumed his duty on 23.11.1983 and worked at the same place till 16.3.1986. Thereafter, he was transferred from Dist.: Ahmedabad to Dist.: Kheda and therefore, on 17.3.1986, he joined the duty at PHC of Janod, Ta.: Balasinor, Dist.: Kheda, where he worked as such till 31.7.1993 and then, he was transferred to Alarsa, Ta.: Borsad of same district, which is now in Dist.: Anand, after bifurcation of Dist.: Kheda in two revenue districts. The petitioner has worked there till 14.12.1999. In between, on 16.8.1994, the Government has passed a resolution for providing higher pay-scale to the employees who could not be promoted continuously for 9 years or more. However, again w.e.f. 14.12.1999, petitioner was transferred to PHC of Anklow where he worked till January, 2002. Again in the month of January, 2002 the petitioner was transferred to PHC Bamangam in Tal.: Borsad and he continued to serve there till filing of this petition in the year 2008.