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SCA/5967/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5967 of 2011
=========================================================
RITABEN
VISHNUBHAI PATEL - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 3 - Respondent(s)
=========================================================
Appearance
:
MR
NK MAJMUDAR for
Petitioner(s) : 1,
MR AL SHARMA AGP for Respondent(s) : 1,
NOTICE
SERVED for Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 15/07/2011
ORAL
ORDER
Heard
learned advocate Mr. NK Majmudar on behalf of petitioner, learned
AGP Mr. AL Sharma appearing for respondent.
The
petitioner Mrs. Ritaben Vishnubhai Patel has been retired from
service on 30/4/2006 by order dated 29/4/2006. The grievance of
present petitioner is that second Higher Grade benefit is not
extended in favour of present petitioner though recommendation has
been made by Executive Officer, Sayaji General Hospital, Vadodara to
respondent Commissioner of Health and Medical Services and Medical
Education Officer, Sachivalaya and Director of Medical Services,
Medical Education Research, Civil Hospital, Gandhinagar by letter
dated 14/5/2010. The petitioner was working as Dietitian and was
getting First Higher Grade after completion of nine years period
w.e.f. 1/6/1987. Thereafter, further fifteen years is required to
be completed by petitioner as per Government resolution dated
2/7/2007. Accordingly, petitioner is entitled as per Government
Resolution dated 16/8/1994 and 2/7/2007 Second Higher Grade after
completion of fifteen years from date of which first Higher Grade
was received by petitioner. The services of fifteen years have
been completed w.e.f. 1/6/2002. Therefore, from that date onward
petitioner is entitled second Higher Grade benefit but that has not
been granted in favour of petitioner though it has been recommended
by Executive Officer of Sayaji General Hospital, Baroda by letter
dated 14/5/2010. Before that, on 2/2/2010 whatever defects and
documents are necessary that has been supplied by Executive Officer
to respondent Director. Thereafter, on 23/8/2010 proposal has been
sent with undertaking to grant second Higher Grade benefit w.e.f.
1/6/2002. Ultimately, on 29/12/2010 all details and quarry which has
been raised by respondent has been complied with by Executive
Officer of Sayaji General Hospital, Baroda but even though, that
has not been decided and granted in favour of present petitioner.
Therefore, on 22/3/2011 again request was made by petitioner to
Executive Officer of Sayaji General Hospital, Baroda but still it
remained unattended.
In
light of this facts as referred above, it is directed to respondent
no. 2 Commissioner of Health Medical Services and Medical Education
and Director of Medical Services, Medical Education and Research,
Sachivalaya, Gandhinagar to consider above referred correspondence
made by Executive Officer, Sayaji General Hospital, Baroda in
respect to grant of Second Higher Grade to present petitioner w.e.f.
1/6/2002 and also to consider all documents which have been supplied
by Executive Officer, Sayaji General Hospital, Baroda. Thereafter,
to take decision as per Government resolution dated 16/8/1994,
2/7/2007 and to pass appropriate reasoned order within a period of
two months from date of receiving copy of present order and
communicate decision to petitioner immediately.
In
view of above observation and direction, present petition is
disposed of by this Court without expressing any opinion on merits.
Direct service is permitted.
(H.K.RATHOD,
J)
asma
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