PARMAR MAHENDRASINH CHATURSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned AGP, Shri Pranav Dave for respondent No. 1 and learned advocates Shri Premal R. Joshi and Shri H. H. Munshaw for respondent Nos. 3 and 4 respectively waive service of notice of rule. With the consent of the respective parties, this petition is taken up for hearing today.

(2.) BY way of this petition under Article 226 of the Constitution of India, petitioner has prayed for an appropriate writ, direction and order to quash and set aside the impugned order / communication dated 3. 1. 2009 by which the benefit of higher grade scale has been denied to the petitioner from the date, he completed 9 (nine) years service from the date of his first appointment as Talati-cum-Mantri i. e. on 20. 12. 1988. It is also further prayed for an appropriate writ, direction and order directing the respondents to grant the benefit of higher grade scale on completion of 9 (nine) years service from the date of his first appointment as permanent employee.

(3.) THAT the petitioner has initially worked as Muster Karkoon cum Cashier with the District Panchayat, Kachchh for the period between 26. 12. 1986 to 17. 10. 1987 (305 days) and 27. 10. 1987 to 28. 7. 1988 (277 days ). That thereafter, vide order dated 20. 12. 1988, he was appointed as Talati-cum-Mantri permanently and accordingly, he resumed the duty as Talati-cum-Mantri with District Panchayat, Kachchh. That thereafter, petitioner requested for transfer and his request was considered and he was transferred to the District Panchayat, Banaskantha and he resumed the duty under the District Panchayat, Banaskantha on 24. 2. 1997. That thereafter, petitioner requested for grant of higher pay scale on completion of 9 (nine) years service and as his earlier services of District Panchayat, Kachchh at Bhuj was not considered. Petitioner preferred Special Civil Application No. 20018 of 2007 and vide order dated 13th August, 2007, the said Special Civil Application was disposed of by directing the concerned respondents to take an appropriate decision and pass a reasoned order. That thereafter, vide impugned communication dated 3. 1. 2009, respondents have denied higher grade scale on the ground that the petitioner has not completed 9 (nine) years service in Kachchh-Bhuj District. Being aggrieved and dissatisfied with the aforesaid order dated 3. 1. 2009, denying first higher grade scale, petitioner preferred present Special Civil Application under Article 226 of the Constitution of India.