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SCA/12367/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12367 of 2010
=====================================
RATILAL
MEPABHAI MAKWANA - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=====================================
Appearance
:
MR ANAND B GOGIA for
Petitioner(s) : 1,MR RB GOGIA for Petitioner(s) : 1,
MR SHIVANG
SHUKLA, AGP for Respondent(s) : 1 -
4.
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 25/10/2010
ORAL
ORDER
1.0 On
the last date of hearing i.e. 18th
October 2010 this Court passed following order:
“1.0 After
the matter is heard for quite some time, learned advocate Mr. Gogia
for the petitioner wants time to explain as to whether it is
permissible for an employee to waive the grant of higher pay-scale in
a lower cadre and ask for the higher pay-scale in a higher cadre. He
wants a week’s time to explain.”
2.0 Today,
when the matter is taken up for hearing, learned advocate Mr. Gogia
for the petitioner re-argued the matter and also pointed out that he
has filed one Civil Application bearing
No. 12910 of 2010, which
is at serial no. 11 of the Board today. The same is taken up for
consideration along with this Special Civil Application.
3.0 The
petitioner joined services as a ‘Chowkidar’ on
27th
September 1984. On completion of 09 (nine) years’ service in the
cadre of ‘Chowkidar’, it is his claim that, ‘he became eligible for
the first higher pay-scale’. It is his further case that, ‘before
that could be granted to him, he came to be promoted in the year 1996
in the cadre of ‘Clerk’ and therefore, he became eligible for the
first higher pay-scale on completion of 09 (nine) years in ‘clerical’
cadre in the year 2005′.
4.0 At
Page 7 of the Civil Application, an Undertaking, in a printed form,
is annexed. It dated 10th June 2008 and the contents of
that Undertaking are that, “I had waived promotion prior
to
5th July 1991 and as and when the
benefits of the Finance Department G. R. dated 16th
August 1994 bearing no. PGR-1194-44-M-(higher pay-scale G.R.) will be
granted, then if my pay will be less than the junior employees
of my cadre, who had accepted the promotion, then I will not demand
‘stepping up’.” This document is not produced along with
the petition. It appears that the authorities have passed the order
under challenge taking into consideration these facts.
5.0 The
Court finds no substance in the petition. Hence, it is dismissed.
[
Ravi R. Tripathi, J. ]
hiren
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