DIPAK NARSINHBHA OZA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD. Shri Supehia, learned advocate for the petitioner, Shri Kartik Pandya, learned AGP for respondent No. 1 and Shri Munshaw, learned advocate for the respondent No. 2.

(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 letter dated 25. 02. 2009 rejecting the request of the petitioner for the grant of higher grade scale. It is also further prayed for an appropriate writ, direction and order directing the respondent to grant the higher grade scale to the petitioner on the basis of 9 years service including the service rendered in Surat District from 16. 3. 2007.

(3.) IT is the case on behalf of the petitioner that petitioner is serving as Laboratory Technician in Primary Health Centre, Khawad, Tal: Kadi, Dist. Mehsana and initially he was appointed as Laboratory Technician on 9. 3. 1998 in Surat District. Petitioner requested for voluntary transfer from Surat District to Mehsana District and his request was considered and by order dated 21. 05. 2002 passed by the respondent No. 1, the petitioner was transferred to Mehsana District. and District Development Officer, Mehsana District appointed the petitioner on transfer. Petitioner came to be relieved by the Surat District Panchayat and he resumed on 18. 6. 2002 in Mehsana District. It is the case on behalf of the petitioner that as per the Government Resolution dated 16. 8. 1994, petitioner became eligible for the first higher grade scale from 16. 3. 2007, i. e. on completion of 9 years of total service (including his service with the Surat District Panchayat where he was initially appointed ). That vide letter dated 25. 02. 2009 written by the respondent No. 2 to the Block Health Officer, the request of the petitioner for higher grade scale has been rejected on the ground that petitioner opted for voluntary transfer from Surat District to Mehsana District Panchayat and the same was accepted on condition that petitioner will loss the seniority for all purposes, therefore, 9 years service for granting benefit of higher grade scale is required to be considered from the date he joined the District Panchayat, Mehsana. Hence, petitioner has preferred the present Special Civil Application under Article 226 of the Constitution of India.