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SCA/6177/2007 7/ 7 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6177 of 2007
To
SPECIAL
CIVIL APPLICATION No. 6180 of 2007
=================================================
B.C.JETHWA
& 3 - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=================================================
Appearance
:
MR
NK MAJMUDAR for Petitioner(s) : 1 -
4.
Mr. Sunit Shah GP with Ms. Bhavika Kotecha, AGP for
Respondent(s) : 1 -
3.
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 07/03/2007
ORAL
ORDER
Heard
learned Advocate Mr.NK Majmudar for the petitioners and Ms.Bhavika
Kotecha, learned AGP for Respondent State Authority in this group of
petitions.
As
per the case of the petitioners, petitioners were appointed as
Medical Officer Class II Bonded and they have been confirmed in
service on long term basis in pursuance of their passing the GPSC
Examination. Grievance of the petitioners is to the effect that the
respondent authority has not granted higher pay scale as per the
recommendations made by the Tikku Pay Commission. It is submitted by
the learned Advocate Mr. Majmudar for the petitioners that the one
of petitioners has received first higher grade but rest of the
petitioners have not received any higher grade benefit. He submits
that they are entitled for the same from the date of their joining
as ad.hoc medical officer (bonded) or on the principle of continuous
officiation but the respondents are not considering their case for
the same. He submits that the petitioners are entitled for the
higher grade benefit as per the recommendations made by the Tiku
Commission on the basis of various resolutions issued by the State
Government from time to time. It is his grievance that other
similarly situated employees have been granted such similar benefits
with effect from the date of their joining as ad.hoc bonded medical
officers. Averments made by the petitioners to that effect in para 6
of the memo of SCA No. 6177 of 2007 are reproduced as under:
?SPetitioners
state and submit that even other similarly situated Medical Officers
have been granted benefit of higher pay scale considering their
initial date of appointment. Thus, only petitioners are subjected to
discriminatory treatment. In fact, Dr. DD Parmar, who was appointed
in Irwin Hospital, Jamnagar on 23.6.1971 was granted the benefit of
higher pay scale considering his initial date of appointment.
Similarly, one Dr.BS Patel who came to be appointed on 13.4.1974 and
who was placed at Sr. No. 233 in the seniority list of Mos has been
granted the benefit of higher pay scale. Likewise, Dr.GK Virda who
was appointed on 30.7.1974 and placed at Sr. No.225 in the seniority
list, Dr. MB Thakkar who was appointed on 11.1.1972 and placed at
Sr.No. 275 in the seniority list and Dr. DG Adheda who was appointed
on 29.11.1975 and placed at Sr.No. 339 working as doctors medical
officers were granted higher pay scale considering their initial
date of appointment. The petitioners crave leave to refer to and
rely upon the relevant record maintained by the authority in this
regard at the time of hearing of this petition. If need be. In view
of the above facts, petitioners also pray that they may be granted
the said benefit considering their initial date of appointment.
Under these circumstances, petitioners pray that suitable directions
be issued to the respondents to consider the case of the petitioners
and grant benefit of higher pay scale and the concerned respondents
be directed to disburse the amount with 18% interest and further
direction be issued for undertaking pay fixation as junior doctors
have been granted the benefit, but the petitioners are
discriminated.??
Learned
Advocate Mr. Majmudar also submits that as per GR dated 15.10.1997
which is at page 52, as per fourth line, arrears of higher grade has
to be paid to the petitioner as per the recommendations made by
Tikku Pay Commission which will be made applicable w.e.f. 14.11.1991
and arrears of higher grade upto 16.10.1994 shall not be paid to the
petitioners and from17.10.1994, petitioners are entitled for the
benefit of such arrears in cash. He also submits that the
petitioners have cleared their GPSC Examination in first attempt but
the respondents are also not considering the said fact.
In
view of these facts and considering submissions made from both the
sides, it is open for petitioners herein to make detailed
representation to the respondent authority within one month from the
date of receipt of copy of this order.
As
and when such representation made by the petitioners is received by
the respondent authority, respondent authority is directed to
consider cases of each of the petitioners for higher pay scale as
per the recommendations made by Tikku Pay Commission from the date
of their joining as ad.hoc (bonded) or on the basis of the
principles of continuous officiation and also consider their case
for arrears in cash w.e.f. 17.10.1994 as per GR dated 15.10.1997
while keeping in view the fact that the petitioners have cleared
their GPSC Examination in first attempt as submitted by learned
Advocate Mr. Majmudar for petitioners and then to pass appropriate
reasoned order in accordance with law within two months from the
date of receiving representation from the petitioners and to
communicate decision to the petitioners immediately thereafter.
In
view of these observations and directions, these petitions are
disposed of at this stage without expressing any opinion on merits
of the matter and with a liberty in favour of the petitioners to
challenge the orders that may be made by respondents before
appropriate forum in accordance with law if the orders so passed are
adverse to petitioners.
Direct
Service is Permitted.
(H.K.
Rathod,J.)
Vyas
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