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SCA/3388/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3388 of 2010
=========================================================
BALUBHAI
RAVJIBHAI PANCHANI - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
NK MAJMUDAR for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1 -
2.
None for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 23/03/2010
ORAL
ORDER
By
way of present petition, the petitioner
has inter alia prayed for the following reliefs:
9(B)
issue appropriate writ, order or direction quashing and setting
aside the illegal and arbitrary action on the part of the concerned
respondents authorities in no
extending the benefit of First, Second and Third Higher Pay Scale to
the petitioner
on completion of his 6, 13 and 19 years of services from his initial
date of appointment and be pleased to hold that the petitioner
had become entitled to get benefit of First, Second and Third Higher
pay scale on his completion of 6, 13 and 19 years services from his
initial date of appointment;
(C)
issue appropriate writ, order or direction quashing and setting
aside the action on the part of the concerned respondents
authorities in extending the benefit of First Higher Pay Scale to the
petitioner
by taking into account the date of passing GPSC examination
and be pleased to quash and set aside the communication dated
11.2.2008 by which the petitioner
has been informed that while considering the case of petitioner
for extending benefit of higher pay scale, the provisions of G.R.
dated 21.7.2006 have been taken into account, inasmuch as G.R. dated
21.7.2006 came into force subsequently after the petitioner
came to be entitled to get the benefit of higher pay scale;
(D)
issue appropriate writ, order or direction directing the concerned
respondents authorities to
re-consider the case of the petitioner
and to extend the benefit of First, Second and Third Higher Pay Scale
to the petitioner
to the petitioner
as per the recommendation of Tikku Commission to the Petitioner
by taking into account his initial date of appointment i.e. 1.2.1979
by taking into account the principle of continuous officiation;
Admittedly
the claim of the petitioner is of the year 1998 for which the
petitioner had earlier preferred petition in the year 2007 and now
in the year 2010. In the case of Shiv Dass v. Union of India and
others, reported in AIR 2007 SC 1330, it is held that if petition is
filed beyond reasonable period, say three years, normally the Court
would reject the same or restrict the relief.
In
view of the above settled legal position and in view of the fact
that the present petition has been preferred after a period of three
years, this petition is summarily dismissed.
(K.S.
Jhaveri, J)
Aakar
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