HARISHKUMAR KALIDAS RANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners, by way of present petition under Article 226 of the Constitution of India praying for issuance of appropriate writ, order or directions, directing the respondent - authorities to extend the petitioners the benefit of the higher pay-scale which is not extended on account of their non-passing of departmental examination, which has been extended for the similarly situated employees of Special Civil Application No. 5262 of 2015. It is further prayed that the authorities may be directed to extend the benefit of first higher pay-scale of Senior Clerk i.e. Rs.4000-6000/- (Revised Rs.5200-20200/- with Grade Pay of Rs.2400/-) to the petitioners from their respective due dates and pay arrears thereof with 9% interest.

(2.) Brief facts of the present petition are as under:

(3.) Learned advocate for the petitioners submits that between the year 1997 and 2003 through proper recruitment process conducted by the Board, the petitioners were appointed as Clerk, Clerk-cum-Typist and Typist in the Pay- scale of Rs.3050-4590/- under the administrative control of Respondent No. 2 and posted at different district offices of the respondent No. 2. The petitioners become eligible for grant of First Higher Grade Pay Scale of the post of Senior Clerk on completion of their 12 years of service as per Government Resolution dated 02.07.2007. However, on account of non- passing of the requisite departmental examination, they are denied the benefit of the First High Grade Pay Scale of the post of Senior Clerk.