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SCA/10127/2006 3/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10127 of 2006
For
Approval and Signature:
HONOURABLE
MR.JUSTICE KS JHAVERI
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
ABBASBHAI
A PATEL - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance :
MR
AR MAJMUDAR for
Petitioner(s) : 1,MR NK MAJMUDAR for Petitioner(s) : 1,
GOVERNMENT
PLEADER for Respondent(s) : 1,
RULE SERVED for Respondent(s) : 1 -
2.
MR HS MUNSHAW for Respondent(s) :
3,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 06/04/2010
ORAL
JUDGMENT
By way of this petition the
petitioner has prayed to quash and set aside the order dated
7.3.2003 passed by the Gujarat Civil Services Tribunal in Appeal no.
139 of 2000 and order dated 20.4.2005 passed in Review Application
No. 4 of 2003 and further to direct the respondent to pay the
difference as the petitioner has become entitled and eligible to get
first higher scale with effect from 1.6.1987 of the post of Taluka
Development Officer .
The brief facts of the case
are as under:-
2.1
As per the say of the petitioner the petitioner was selected
through Panchayat Service Selection Board and came to be appointed
in Panchyat Services on 14.4.1965 as Senior Clerk in the pay scale
of Rs. 145-185. Thereafter the petitioner was given selection grade
of Rs. 325-400 from 22.3.1971. Pursuant to the order passed by the
Tribunal in Appeal no. 102 of 1977 the petitioner came to be
promoted as Head Clerk from 9.1.1977.
2.2
The petitioner had completed nine years of services in the cadre of
Head Clerk . In view of Government resolution passed by the
Government dated 16.8.1994, the petitioner had become eligible to
get the benefit of higher pay scale of Taluka Development Officer.
2.3
The petitioner made representation for getting the higher pay
scale, but the same was not answered property by the respondent.
Thereafter the petitioner preferred appeal bearing no. 139 of 2000
before the Gujarat Civil Services Tribunal on 29.3.2000.The said
appeal came to be rejected. Being aggrieved by the said order, the
petitioner had preferred review application,which also came to be
rejected. Hence this petition.
Heard learned advocates for
the respective parties and perused the documents on record.
From the record it revealed
that the Government resolution dated 16.8.1994 provides through
para 3[3] that the higher pay scale would mean that the pay scale of
the immediate post of promotion. The petitioner who was working as
Deputy Chitnis/ Head Clerk was eligible for the cadre of Deputy
Taluka Development Officer, having pay scale of Rs. 1640-2900 and he
was getting the said benefit of the higher pay scale with effect
from 1.6.1987. The authority has rightly decided the case of the
petitioner, that he is not entitled for the post of Taluka
Development Officer. I am in complete agreement with the reasoning
given by the authority. No case is made out to cause interference.
Petition is therefore devoid of any merits and the same is dismissed
accordingly. Rule is discharged with no order as to costs.
[K.S.Jhaveri,J.]
*Himansu
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