Gujarat High Court Case Information System
Print
SCA/2471/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2471 of 2010
With
SPECIAL
CIVIL APPLICATION No. 2472 of 2010
With
SPECIAL
CIVIL APPLICATION No. 4978 of 2010
=========================================================
BHARATSINH
J GOHIL - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
AS SUPEHIA for
Petitioner(s) : 1,
MR JASWANT K SHAH AGP for Respondent(s) : 1,
MR
HS MUNSHAW for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 28/04/2010
COMMON
ORAL ORDER
1.0 By
way of these petitions, the petitioners have challenged the order
dated 08.01.2010 and also prayed to direct the respondents to grant
the 2nd
higher grade scale to the petitioner from 20.07.2002 ignoring the
penalty imposed vide order dated 19.06.2009 with all consequential
benefits.
2.0
The petitioner working as Additional Assistant Engineer under the
respondents had joined service on 21.07.1978. He was granted 1st
higher grade scale w.e.f 21.07.1987. Thereafter he requested the
respondent No. 3 to grant him the higher grade scale vide letter
dated 01.10.2009, which was forwarded by the Executive Engineer vide
letter dated 06.11.2009. Vide letter dated 08.01.2010, the petitioner
is denied the higher grade scale on the ground that he has been
imposed a penalty of reduction in present pay scale by one stage with
reduction of one increment without future effect.
3.0 Heard
learned advocates for the respective parties.
4.0 On
considering the submission of the learned advocates for the
respective parties, it is found that the petitioner has completed 24
years of service on 20.07.2002. On date 20.07.2002 there was no
departmental inquiry pending against the petitioner. The petitioner
was issued the charge-sheet on 24.07.2007 and penalty was imposed on
19.06.2009. Hence, as per Resolution dated 02.07.2007, the petitioner
was fulfilling the criteria for grant of higher grade scale and hence
he cannot be denied higher grade scale on the ground of order of
penalty which is subsequent in time.
5.0
In the premises aforesaid, the petitioner shall now approach the
respondent No. 3. The respondent No. 3 after considering the
grievances raised by the petitioner, will take appropriate decision
within a period of four months from today.
6.0
If the order of the respondent is adverse to the petitioner, it
will be open for the petitioner to challenge the same.
7.0
With the aforesaid observations and directions, the petitions stand
disposed of. Notice is discharged in each petition with no order as
to costs. Direct service is permitted.
(K.S.JHAVERI,
J.)
niru*
Top