CHAULA JAGIRDAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present petition is filed by the petitioner under Articles 14, 16, 21 and 226 of the Constitution of India, for the prayers as prayed for inter alia that appropriate writ, order or direction may be issued directing the respondents to consider the case of the petitioner for promotion to the post of Principal and also for further direction to pay the salary and allowances for November 2012 and December 2012 and January 2013 onwards and also to pay incentives and increments. It has also been prayed that the respondent No.4 may be restrained from performing the duty as a principal at Swami Vivekanand Institute of Mountaineering at Mt. Abu on the ground stated in the memo of petition.

(2.) The background of the facts briefly summarized are as follows:

(3.) As submitted by learned advocate Shri G.M.Joshi for the petitioner at bar that subsequently the dues or the remaining salary which were not paid, has also been paid. Therefore, the scope of petition is now confined to the special increments and/or incentives, which has been declined as per the communication dated 01.10.2007. However, the High Court (Coram:P.P.Bhatt,J.) vide order dated 09.05.2018 directed the Finance Department to consider the proposal forwarded by the Administrative Department for necessary approval as a special case considering the remarkable achievement of the petitioner. Therefore, though it was stated that the proposal is being persuaded, the Finance Department has not finally come out with positive response.