DYANDEV MAHADU SONAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All the above referred three petitions involve identical question of law and are, with the consent of the learned Advocates, disposed of by this common judgment.

(2.) The petitioners in all these three petitions have entered the service of the respondents as Armed Constables. In course of service, they earned further promotion to the post of Head Constable and retired from service as Head Constable Grade- I. On 5th July, 1991, the Government passed a Resolution under which it introduced the scheme, popularly known as "Higher Grade Scheme", under which, the Government servants suffering from stagnation, were offered the benefit of Higher Grade on their completing continuous service of 9 years in the same cadre, subject to the terms and conditions provided therein. In view of the said Scheme and the modifications made thereafter, all the petitioners, under orders made on 2nd February, 1993 by the respondent No. 4, were given the benefit of Higher Grade, i.e., the petitioners were offered the pay scale of Rs. 1640-2900 the one that is applicable to the Police Sub-Inspector. The cash benefit was also paid to all the petitioners. In spite of the grant of the aforesaid benefit, the said benefit has not given effect to in the matter of the retiral benefits, i.e., retiral benefits of the petitioners have been computed on the basis of the pay scale received by the petitioners prior to the abovereferred order dated 2nd February, 1993 in the scale which was admissible for Head Constable Grade-I. Feeling aggrieved, the petitioners have preferred these petitions.

(3.) Learned A.G.P. Mr. Gharania has appeared for the respondents. He has submitted that all the petitioners have earned more than two promotions and, therefore, in view of the Scheme which is introduced on 16th August, 1994, the petitioners are not entitled to the benefit of Higher Grade and they are rightly not been given benefit of Higher Grade so far as their retiral benefits are concerned.