SUKHLAL C PRAJAPATI Vs. GOVERNMENT OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Gharania waives service of Rule on behalf of respondents.

(2.) The petitioners are working as peons at various offices of Revenue Department of the Government of Gujarat in Rajkot District. The Government has introduced a policy for extending its employees, the benefits of higher pay scale on completion of 9 years, 18 years and 27 years respectively. This policy is commonly known as removal of stagnation policy. It is the case of petitioners that they have been given the benefits of this policy on completion of 9 years of service. There is a provision in this policy that an employee who got the benefit of higher pay scale under this policy on his promotion to the higher post will not decline to accept the same and where he does so, the benefits of the higher pay scale shall be taken back.

(3.) The learned counsel for the petitioners submitted that in class-IV posts, there are four pay scales. So in the class-IV itself three higher pay scales are available and these are being given on promotion. These are promotions in the same category and not to the class-III.