S.M.VYAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, by way of the present petition under Article 226 of the Constitution of India, has prayed for issuance of appropriate writ/order for quashing and setting aside the order dated 30.07.2003 (at Annexure-A) insofar as it denies the monetary benefits to the petitioner for the period of deemed date of promotion i.e. from 07.10.1982 to 27.06.1997 and a further direction is also sought upon the respondents to pay the arrears of difference of pay and allowances to the petitioner of the post of Senior Clerk from 07.10.1982 to 27.06.1997 with 12% interest.

(2.) The brief facts giving rise to the present petition are as under:

(3.) Learned advocate appearing for the petitioner submits that the petitioner is eligible and entitled to get benefits of pay and arrears with effect from 07.10.1982 i.e. the date on which the person junior to him at Sr.No.109 in the seniority list was given promotion as a Senior Clerk by the respondents. Learned advocate for the petitioner in support of his submissions has also referred to and relied upon the decision given in the case of I.C. Shah and another Vs. Additional Development Commissioner and another reported in 1993(2) GLH (U.J.) 30 and another decision of the Division Bench of this Court given in the case of R.A. Parmar Vs. Director General of Police reported in 2000(3) GLH 503. According to learned advocate for the petitioner, the petitioner has been given deemed date of promotion, but he has been wrongfully deprived of work on the promoted post, and therefore, he is entitled to get difference of salary as junior persons have been given benefit of promotional post, and therefore, the petitioner being senior should not be deprived of the said benefits.