G B VADUKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In all these petitions, an identical question has been raised. Hence, they are decided by this common judgment.

(2.) The petitioners in all these petitions are the Clerks of the Court working at various districts. The question relates to fixation of their pay on their promotion to the post of Clerk of the Court and on promotion they were transferred outside their districts to assume charge of the office on promotion. Except the petitioner in Special Civil Application No. 4439 of 1994, all have been promoted after 1.1.1986, between 20.5.1986 and 23.7.1993. The clerical staff Of the District Court and other subordinate Courts are not ordinarily transferred from one district to another district. However, on being promoted to the cadre of Clerk of the Court, such transfer is envisaged. It appears that, since transfers outside the district at that stage of career cause peculiar hardship without any additional financial advantage, the tendency had grown, where the promotional opportunity came in the way of the staff on the post of Clerk of the Court with obligation to join away from home town to out of district, the incumbents preferred to forego the promotions rather than accepting the promotions and join duty elsewhere, which resulted in a situation where it became difficult to man the post of clerk of the Court as in great number of cases the employees refused promotion. To meet this situation, attention of the State Government was invited and, by resolution dated 3.6.1976, following order was made :

(3.) This resolution has since not been rescinded. However, since the making of the resolution, the pay-scales applicable to the post of Clerk of the Court have been revised from time to time. At the time when the resolution was made, the pay-scale applicable to the said post was Rs. 500-25-650-EB-25-750-900 under the Gujarat Civil Services (Revision of Pay) Rules, 1975. Thereafter, in 1980 under the very same Rules, the pay-scale of Rs. 650-1040 was made applicable to the non-gazetted post of Clerk of the Court (District Court). When the pay-scales were revised in 1987 with effect from the 1.1.1986 under the Gujarat Civil Services (Revision of Pay) Rules, 1987, the pay-scale which was made applicable to the cadre of Clerk of the Court (District Court) corresponding to the pay-scale of Rs. 650-30-740-35-810-EB-35- 880-40-1040 (Sr. No. 36) was Rs. 2000-3200. The pay of all the petitioners in the aforesaid cases on their promotion to the post of Clerk of the Court with stipulation of transfer was fixed by giving six premature increments on such promotion in terms of the aforesaid resolution, as per the directives of the High Court, by respective competent authorities under whom the petitioners were placed. The payments in .accordance with the fixation by granting premature increments in terms of the aforesaid resolution were also made to the respective petitioners. The State Government taking the stand that the resolution dated 3.6.1076 stood automatically inoperative, the pay-scale of the Clerk of the Court which at the time of issue of circular was Rs. 500-900 stood revised in the first instance to Rs. 650 900 and thereafter to Rs. 650-1040 and ultimately on announcement of the revised pay-scale under the,Rules of 1987 fixing the pay-scale of the Clerk of the Court at Rs. 2000-3200. In that view of the matter, the Government cancelled the respective orders of fixation of pay on promotion with transfer outside district and ordered for recovery of excess amount-paid to them by withdrawing the premature increments given by applying the aforesaid resolution of 1976 in terms of the decision of the High Court on its administrative side in that regard. In some of the cases, it also resulted in revision of pensionary benefits, reduction in pension and recovery of amount paid after retirement as pension, and other retiral benefits as a result of retrospective refixation of the pay at the stage of initial appointment to the Pst of Clerk of the Court by promotion with transfer. It is this action of the respondent-State in denying the benefits of resolution of 1976 to the petitioners who were promoted after the revision of pay and consequential order of recovering the excess amount paid since the fixation, by withdrawing the benefit of release of premature merements resulting in the case of persons continuing by promotion in service adversely affecting their current and future emoluments, and in the case of persons who have since superannuated, affecting their pensions and retiral benefits adversely, which is under challenge by way of the present writ petitions. ' ' '