KIRITBHAI SHANKAR PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner served as Additional Assistant Engineer under the Narmada Water Resource Department of the State Government, who retired on superannuation with effect from 31st December, 2012.

(2.) In the context of above basic premise, the petitioner has prayed to grant the second higher pay- scale and has further prayed to set aside the punishment order dated 15th May, 2013, as a consequence of which the second higher pay-scale came to be denied.

(3.) It appears that though the Superintending Engineer had recommended for grant of second higher pay-scale to the petitioner, the request was not acceded to by citing Finance Department Resolution dated 31st March, 2005 which provided that if an employee is imposed with a major penalty, no higher pay-scale could be granted. It was by letter dated 07th August, 2014 that the aforesaid denial was communicated. By letter dated 25th February, 2015 petitioner requested the respondent to reconsider his penalty and grant him the higher pay-scale. The request in this letter was again rejected by the respondent as per communication dated 15th July, 2015. The petitioner has prayed to set aside aforesaid communications dated 07th August, 2014 and 15th July, 2015 reflecting the impugned decision.