VIPULKUMAR ATMARAM PAREKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Ms. Krina Calla, learned AGP waives service of notice of rule on behalf of the respondents No. 1 and 3 and Shri JB Pardiwala, learned advocate waives service of notice of rule on behalf of the respondent No. 2. With the consent of the learned advocates appearing on behalf of 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 petitioners who are staff members of the District Court, Gandhinagar have prayed for an appropriate writ, direction and order directing the respondent Nos. 1 and 3 to award the benefit of higher pay scale to them as provided in the Government Resolution dated 16. 8. 1994 issued by the Finance Department, State of Gujarat on completion of 9 years of service from the date of their first appointment.

(3.) PETITIONER No. 1 was appointed as an Assistant (Junior Clerk) initially with the Principal Civil Judge (J. D.), Bhuj vide appointment order dated 10. 10. 1996. He joined the services on 17. 10. 1996. He requested for voluntary transfer and he was transferred on 1. 9. 2000 to work with the Civil Judge (J. D.), Sanand. It is the case on behalf of the petitioner No. 1 that he cleared his departmental examination on 29. 10. 2005 and thereafter considering 9 years service from 17. 10. 1996 he applied for higher pay scale on 23. 1. 2007.