BHASKERBHAI BABUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 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 side the letters dated 7. 9. 2001 and 15. 7. 2008 and to restore the order dated 26. 5. 1992 and to grant the higher grade scale to the petitioner by ignoring the Resolution dated 15. 7. 2004.

(2.) IT is the case on behalf of the petitioner that at present the petitioner is serving as Senior Clerk in Navsari Agricultural University under the respondent No. 2. That by order dated 13. 5. 1980, the petitioner was appointed as Lower Division Clerk by the erstwhile Gujarat Agricultural University, Anand and the predecessor University of the Navsari Agricultural University. That the petitioner requested for transfer from Anand Zone to Navsari Zone and accordingly by order dated 6. 8. 1988 the petitioner was transferred from Anand Zone and he resumed on 7. 8. 1988 in Navsari Zone. By the order dated 26. 5. 1992, the Director of Campus, Gujarat Agricultural University, Navsari petitioner was granted first higher grade scale from 15. 5. 1989 since he had completed 9 years of continuous service from the date of initial appointment. That the Director of Campus by the order dated 7. 9. 2001 amended the above order dated 30. 5. 1992 and granted the higher grade scale from 7. 8. 1997 instead of 15. 5. 1989 on the ground that 9 years service is to be counted from the date of joining Navsari Zone. It appears that against the said order, the petitioner preferred appeal / representation dated 19. 10. 2001 before the Vice Chancellor of Gujarat Agricultural University. That by the letter dated 22. 8. 2005, the respondent No. 2 the Research Scientist (Cotton) and Assistant Research Scientist informing that the necessary guidance has sought. It is the case on behalf of the petitioner that subsequently by letter dated 9. 11. 2005 petitioner requested the respondent No. 2 to maintain higher grade scale from 15. 5. 1989. That, thereafter petitioner preferred Special Civil Application No. 19018 of 2006 challenging the letter/communication dated 9. 12. 2005, which came to be disposed of by this Court vide order dated 23. 2. 2007 directing the University to decide the matter in light of the judgment dated 2. 5. 2005 in Special Civil Application No. 16468 of 2004. That thereafter while further communication, respondent university is informed by the State to take decision in the matter in light of the Government Resolution dated 15. 7. 2004 and accordingly the respondent No. 2 by the impugned letter dated 15. 7. 2008 has informed the petitioner. Hence, the petitioner has preferred present Special Civil Application under Article 226 of the Constitution of India.

(3.) AT the outset, it is required to be noted that present Special Civil Application was ordered to be heard alongwith Special Civil Application No. 9562 of 2008 and said Special Civil Application is already now decided and disposed of by this Court vide judgment and order dated 12. 3. 2009 in Special Civil Application No. 1446 of 1994 and other allied matters. Learned advocates for the respective parties are not in a position to dispute that controversy raised in the present Special Civil Application is not squarely covered by the decision of this Court in aforesaid Special Civil Application and other cognate matters. Under the circumstances and for the reasons stated in the judgment and order dated 12. 3. 2009 in Special Civil Application No. 1446 of 1994 and other allied matters , present petition deserves to be allowed and it is accordingly allowed. It is held that petitioner is entitled to first higher grade scale from the date of his initial appointment with Gujarat Agricultural University, Anand Zone and for granting the benefit of first higher grade scale and counting 9 years service, his past service with the Gujarat Agricultural University, Anand is also required to be considered. Respondents are directed to grant first higher grade scale to the petitioner from 15. 5. 1989 i. e. on completion of 9 years of continuous service from the date of initial appointment with Gujarat Agricultural University, Anand Zone. Rule is made absolute. In the facts and circumstances of the case, there shall be no order as to costs.