Gujarat High Court Case Information System
Print
SCA/2127/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2127 of 2011
=========================================================
SAHDEV
F BHARTI - DEPUTY CHITNIS (RETIRED) - Petitioner(s)
Versus
STATE
OF GUJARAT - THROUGH SECRETARY & 3 - Respondent(s)
=========================================================
Appearance
:
MR
NIKHIL S KARIEL for
Petitioner(s) : 1,
MR MAULIK NANAVATI AGP for Respondent(s) : 1,
2 AND 4
MR NIRAL R MEHTA for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 21/07/2011
ORAL
ORDER
1. Heard
learned advocate Mr.Nikhil S. Kariel for petitioner, learned AGP
Mr.Maulik Nanavati for respondent Nos.1, 2 and 4 and learned advocate
Mr.Niral Mehta for respondent No.3.
2. In
present petition, prayer made by petitioner in Para.8(B) to direct
the respondents authority to fix pension of petitioner forthwith on
the basis that benefit of higher pay scale granted to petitioner as
per GR dated 16.8.1994 w.e.f. 21.11.1997 9 years after his promotion
to the post of Dy. Chitnis was legal and valid and further to declare
that petitioner having passed departmental examination in the year
1994 he was eligible to get benefit of higher pay scale as per GR
dated 16.8.1994 9 years from his date of promotion as a Dy. Chitnis
and not 9 years after the date of passing examination. Therefore,
consequential order dated 3.9.2010 and 16.9.2010 are required to be
set aside.
3. In
view of aforesaid prayer made by petitioner, let petitioner may
approach to respondent No.1 by filing detailed representation within
a period of 15 days from date of receiving copy of present order.
4. As
and when respondent No.1 receives such representation from
petitioner, it is directed to respondent No.1 to consider the
grievance raised by petitioner and also to examine the case of
petitioner on the basis of GR and policy an then, to pass appropriate
reasoned order in accordance with law, within a period of two months
from date of receiving copy of such representation from petitioner
and communicate the decision to petitioner immediately.
5. In
view of aforesaid observations and directions, present petition is
disposed of without expressing any opinion on merits. Direct service
is permitted.
6. However,
in case if ultimate decision is adverse to petitioner, it is open for
petitioner to file appropriate proceeding before appropriate forum in
accordance with law.
[
H.K.RATHOD, J. ]
(vipul)
Top