AJITSINH CHATURJI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Heard learned counsel for the parties. The petitioner has been appointed as an Extension Officer [Cooperation] at the District Panchayat, Surat on 27/5/1964. At his own request, the petitioner was transferred from Surat Panchayat to District Panchayat, Mehsana at Chanasama on 1/3/1981. As the transfer from one district to another district has taken place at the request of the petitioner, he was placed at the bottom of seniority amongst the Extension Officers as on that date in the District Panchayat, Mehsana, resulting in that for the purpose of seniority amongst Extension Officer of the District on that date, the length of continuous officiation on the post was not taken as criteria of promotions, but was determined on the basis of special rule governing fixing seniority on being transferred to other district on own request, though for all other purpose, the benefit of past service the petitioner carried with him. Vide Government Resolution dated 5th July 1991, the employees were suffering stagnation who have been given benefits of stepping up to three higher grades on the completion of 9 - 18 - 27 years of service respectively, that is to say, on completion of 9 years of service, an incumbent is to be placed in first higher grade and on completion of 18 years of service, he was to be placed in second higher grade and on completion of 27 years of service, the third higher grade. A Scheme was first introduced vide Government Resolution dated 5/7/91 and modified vide resolution dated 6/5/1992 to give relief against stagnancy in the service that the employees who have completed 9 - 18 - 27 years of service on 1/6/87, shall be admissible at a time first, second and third higher grade respectively and the employee who has not actually completed 9 - 18 27 years on 1/6/87, he shall have benefit of higher grade as and when he completes 9 18 - 27 years and was inhibited by the fact that where an incumbent has already availed of promotions prior to the commencement of the scheme which took effect from 1/06/1987, he shall not be eligible for such benefits. The petitioner had not received any promotions and on the premise that he has completed 27 years service, was given the benefit of all the three higher grades. However, this scheme was modified by another resolution dated 16/8/1994 by restricting the benefit to higher grade scale to only one time benefit on the completion of 9 years of service. The benefits given on the second and third higher grade under the 1991 Scheme were withdrawn. The petitioner was given the benefit of being placed in higher grade with effect from 1/06/1987 inter alia on the ground that he has completed 9 years of service on 27/5/1973 counted from the date of his regular appointment in the District Panchayat of Surat on 27th May 1964. By the impugned order, this date of giving benefit is sought to be withdrawn and advanced to 1st March 1990, on completion of 9 years of service in the District Panchayat, Mehsana with effect from the date he was transferred on his own request to the said district.

(2.) There is no dispute so far as the withdrawal of benefits of second and third higher grade benefits released to all incumbents of the State under the 1994 Resolution.

(3.) The short issue raised in this petition is whether, in the facts and circumstances of present case, petitioner is entitled to get benefit of the higher grade on completion of 9 years of service with effect from the date of his initial appointment or he is entitled to higher grade on completion of 9 years of service with effect from 1/03/1981.