M R SHAH Vs. SECRETARY GEB

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner No. 1, a Deputy Engineer of the Gujarat Electricity Board (hereinafter referred to as 'Board'), filed this Special Civil Application and challenged therein the action of the respondent not to grant him higher grade with effect from 9th February, 1981 in pursuance of General Standing Order (GSO) No. 253, dated 26th December, 1973.

(3.) Under the said order, it has been provided that an employee who has completed nine years service in the same cadre/post in a particular pay scale (pre-revised or revised) and who has not got promotion for no fault of his own on 1.8.1972 for want of clear vacancy or for want of channel of promotion or who may complete nine years service in the same cadre/post in a particular pay scale after 1.8.1972 shall be entitled to the promotion to the next higher pay scale from 1.8.1972 or from the date following the date on which he completes nine years service in the cadre/post as the case may be and his pay shall be fixed in that grade in accordance with S.R. No. 102 (b) irrespective of the fact whether suitable vacancies in the next higher post are available or not, subject to condition that the employee is otherwise fit for promotion on the basis of overall performance and he has passed the necessary examinations etc. The facts which are not in dispute are that the petitioner No. 1 entered in the services of the Board as Junior Engineer on 12th March, 1970. He was promoted to the post of Deputy Engineer on 9th February, 1972 and in that cadre/post, he completed nine years' service on 9.2.1981. He opted for benefit of higher pay scale for 9.2.1981, but under the order dated 3.10.1983, he was given nine years' benefit from 1.1.1983, which gave rise to this Special Civil Application before this Court.