HARINBHAI DAYARAM JOSHI Vs. DIRECTOR OF AGRICULTURE

JUDGEMENT

(1.) RULE . Learned AGP Ms.Asmita Patel waives service of Rule on behalf of the respondents.

(2.) PRESENT petition has been filed by the petitioner for the prayer that the writ of mandamus or any other writ or direction to grant the benefit of higher pay scale Rs.5500 -175 -9000 may be granted to the petitioner with effect from 20 -5 -1998. It is also prayed that by appropriate writ or direction impugned order dated 15 -7 -2004 issued by GAD at Annexure -B may be quashed and set aside.

(3.) THE facts of the case, briefly summarized, are that the present petition is filed by the petitioner challenging the action of the respondents in not granting higher pay scale on completion of nine years on the basis of policy of the Government. It is contended that the petitioner was appointed as Artist and Photographer 20 -5 -1989 and was working sincerely. Next promotion is to the Post of Movie Cameraman and the benefit is granted of 9 -18 -27. However, it is contended that as per the Government Resolution dtd. 15 -7 -2004, employees who were undergone inter district transfer at their own request, are not considered for the purpose of higher pay scale on completion of nine years of service. It is on the basis of this Government Resolution that the benefit of higher pay scale is denied to the petitioner which is challenged. Heard learned advocate Mr. Thakker for the petitioner and learned AGP Ms. Asmita Patel. Though this resolution, at annexure -B, is passed, the point is finally concluded as the Division Bench of this High Court in LPA No.187/03 dtd.20 -3 -2004 dismissed the appeal filed by the State granting the benefit in the case of similarly situated employees. Further in the light of recent judgment of Hon'ble Apex Court reported in 2008 AIR SCW 937 in the case of State of Maharashtra and Ors. v. Uttam Vishnu Pawar, the issue has been finally concluded. Hon'ble Apex Court has specifically referring to this aspect observed that: -