CHANDIRKABEN MUKUNDRAI DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Ms. Calla, learned AGP wavies service of notice of Rule on behalf of the respondent Nos. 1 and 4 and Shri PV Hathi, learned Advocate waives service of notice of Rule on behalf of the respondent Nos. 2 and 3. With the consent of the learned Advocates appearing on behalf fo the respective parties, the matter is taken up for final hearing today.

(2.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and order quashing and setting aside the impugned orders dated 18. 6. 2008 and 04. 08. 2008 (Annexure A) by further directing the respondent authorities to grant benefit of second higher grade pay scale to the petitioner by considering completion of 15 years w. e. f. 17. 3. 2004 service in the in the same pay scale from the date of his joining service in the establishment of District Panchayat Surendranagar with all consequential benefits of arrears of salary.

(3.) IT is the case on behalf of the petitioner that petitioner was appointed as a Tracer in Surendranagar District Panchayat on 17. 3. 1980 and she was given the benefit of first higher grade scale in the Surendranagar District in the cadre of Tracer on completion of of nine years of service on 18. 3. 1989. That thereafter, the petitioner was transferred from Surendranagar to Jamnagar District in the same cadre on 13. 4. 1993. It appears that District Assistant Inspector, Local Fund Account Office, Jamnagar raised objection against the claim of the petitioner for second higher grade scale w. e. f. 17. 3. 2004 which was claimed considering 15 years of service from the date of his initial appointment with Surendrangar District Panchayat on 17. 3. 1980. It appears that by impugned order dated 4. 8. 2008 the Executive Engineer, Irrigation Division (Panchayat) Jamnagar ordered that petitioner is eligible for second higher grade scale w. e. f. 13. 4. 2008 considering the 15 years of service for the purpose of grant of second higher grade scale from the date on which the petitioner joined the services with Jamnagar District and order accordingly.