VISHNUPRASAD C DARJI Vs. REGISTRAR

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution, two Private Secretaries (English Stenographer Grade-I) Class II on the establishment of this Court have challenged the communication dated 6.9.1993 (Annexure "F" colly.) from the Deputy Registrar, on behalf of the High Court of Gujarat to the petitioners rejecting their application for grant of higher grade scale. The communication states that the Deputy Registrar was directed to state that the petitioners cannot be granted higher grade scale with effect from 1.8.1993 as it is not admissible under the Rules and hence the petitioners' applications were not entertained.

(2.) Petitioner No. 1 was appointed as a Section Writer in the Small Causes Court and worked as such between 1.8.1978 and 17.1.1980. Thereafter, he came to be appointed as Stenographer Grade III with effect from 18.1.1980 in the District Court, Baroda where he worked as such till 31.5.1980. Petitioner No. 1 was thereafter appointed as Stenographer Grade II with effect from 1.6.1980 in the same Court and continued to work on the said post till 31.7.1984. By order dated 17.7.1984, petitioner No. 1 came to be appointed as Personal Assistant (Stenographer Grade I) in the pay scale of Rs.650-1040 (revised Rs.2000-3500) in the City Civil Court at Ahmedabad. Thereafter by order dated 16.8.1990 petitioner No. 1 was appointed as Private Secretary (English Stenographer Grade I) on the establishment of this Court in the pay scale of Rs.2000-3500 where his pay was protected. Since 1.9.1990 petitioner is working on the aforesaid post.

(3.) Similarly, petitioner No. 2 was appointed as Stenographer Grade II in May, 1978 in the Small Causes Court, Ahmedabad and with effect from 1.8.1984 he was appointed as Personal Assistant (English Stenographer Grade I) in the pay scale of Rs.650-1040 (revised Rs.2000-3500) in the City Civil Court at Ahmedabad. Thereafter by order dated 16.8.1990, petitioner No. 2 came to be appointed as Private Secretary (English Stenographer Grade I) Class II on the establishment of this Court in the pay scale of Rs.2000-3500.