RAGHAVBHAI KANJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the facts of the case and with request and consent of learned advocates appearing for the parties, the matter is taken up for final consideration today. Rule, returnable forthwith. Learned Assistant Government Pleader Ms.Divyangna Jhala waives service of notice of Rule on behalf of the respondent - State and its authorities.

(2.) The petitioner who is Assistant Teacher, has prayed for direction against the respondents to grant third higher pay-scale to him from the date on which he became entitled to for getting the higher pay- scale. The second limb of the prayer in connection with the aforesaid prayer for grant of higher pay- scale is to direct the respondent authorities to accept the certificate of the petitioner of Course on Computer Concepts (CCC) examination obtained from Dr.Babasaheb Ambedkar Open University.

(3.) The basic facts which are uncontroverted may be stated. The petitioner has been serving as Assistant Teacher in Smt. L.L. Kakadiya High School, Patana (Bhal), Taluka Valabhipur, District Bhavnagar. It is stated by the petitioner that the State Government issued different Resolutions making the computer knowledge compulsory for the government employees including the Teachers in the Primary School, which Resolution inter alia provides for requirement to pass the CCC examination for the purpose of getting promotion as well as for getting higher pay-scale. By Resolution dated 02nd January, 2009 the State Government recognised the training and examination centres of Dr.Babasaheb Ambedkar Open University and accepted the passing of CCC examination by undertaking training from the said University.