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SCA/24554/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 24554 of 2007
==========================================
RULAJI
RANVIRSINH HIMATSINH - Petitioner(s)
Versus
THE
DISTRICT DEVELOPMENT OFFICER & 2 - Respondent(s)
==========================================
Appearance
:
MR RR VAKIL
for Petitioner(s) : 1,
MR UM SHASTRI for
Respondent(s) : 1,
NOTICE SERVED for Respondent(s) : 2,
Mr
Neeraj Soni Assistant GOVERNMENT PLEADER for Respondent(s) :
3,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 21/07/2008
ORAL
ORDER
1. Heard
learned advocate Mr. R. R Vakil for the petitioner.
2. He
has submitted that the impugned order dated 18th May 2007
passed by the District Development Officer, Panchmahal is quite
contrary to the directions given by this Court in the order dated
19th January 2007 passed in Special Civil Application No.
2175 of 2006 since, in the aforesaid order the learned Single Judge
(Coram : H.K Rathod,J) after considering the ratio laid down by this
Court in the case of Mulchand Lavjibhai Patel and Ors. Vs. State
of Gujarat, reported in 2002 (3) GLR 2291 and also the decision
of the Apex Court in the case of Scientific Adviser to Raksha
Mantri Vs. V. M Joseph reported in 1998 AIR SCW 2226, directed
to consider the case of the petitioner for first higher pay scale
and service rendered by employee in erstwhile District cannot be
excluded while conferring benefits of higher pay scale.
2.2 Not
only that but as per recent decision of the Apex Court in the
State of Maharashtra and Ors. Vs Uttam Vishnu Pawar reported in
2008 AIR SCW 937 after considering all the earlier decisions
the Apex Court has reiterated its earlier view of conferring
benefits of higher pay scale etc to such employee.
3. In
view of the above the decision of District Development Officer dated
18th May 2007 denying the benefit of first higher pay
scale to the petitioner placing reliance on the Government
Resolution dated 15th July 2004 of General
Administrative Department State of Gujarat is irrelevant and the
petitioner is eligible and entitled to receive the first higher
pay scale by considering the erstwhile service rendered in
District Bharuch.
4. Since
the impugned order dated 18th May 2007 is contrary to the
decision of this Court as reported in 2002 earlier (supra) and the
State of Maharashtra (supra), the same is hereby quashed and set
aside being illegal and it is held that the petitioner is entitled to
receive benefit of first higher pay scale on completion of nine years
by counting and considering his erstwhile service rendered in the
District of Bharuch. The respondent authority is directed to give
consequential benefits accordingly within six weeks from the date of
receipt of copy of the order of this Court. This petition is allowed.
No order as to costs.
(Anant
S. Dave,J)
mary//
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