FELISIA G CRASTO Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) The petitioner, a non-teaching employee of the respondents No.3 and 4, since retired, filed this petition in this court and praying for the following reliefs:

(2.) The facts of the case, in brief, are that under the order of the respondent No.4 dated 6-7-1967 the petitioner was appointed as Typist Clerk w.e.f. 12-6-1967 in the pay scale of Rs.91-170. This appointment was subject to certain terms and conditions. This appointment was continued for some time but abruptly on 1-2-1976, the respondent No.4 at his end terminated her services. The petitioner approached to the Government of Gujarat where this order of the respondent No.4 was ordered to be kept in abeyance, meaning thereby, it was not given effect to and ultimately the Government has ruled that as and when the vacancy is available, the petitioner may be given the appointment as Clerk. It is not in dispute that subsequently a vacancy was available and the petitioner was continued in service. She continued without any break in service. Then comes the order of the respondent-State officer under which she was given the pay scale of Rs.260-400 from 1-7-1978. There is no dispute between the parties that this pay sale given to the petitioner was not approved by the competent authority. It is also not in dispute that the petitioner continued to get her salary in the pay scale aforesaid though her basic pay was frozen at the stage of Rs.314.00.

(3.) The petitioner was not given the benefits of the pay scale prescribed for the post and revised from time to time on the ground that she was not qualified for the post as she was not possessing the qualifications of S.S.C..