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SCA/2955/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2955 of 2010
=========================================================
STATE
OF GUJARAT & 1 - Petitioner(s)
Versus
PRASHANTKUMAR
KASMUKHRAY JHA & 2 - Respondent(s)
=========================================================
Appearance :
MR
JK SHAH AGP for Petitioner(s) : 1 - 2.
None for Respondent(s) : 1
- 3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 08/03/2010
ORAL
ORDER
1. By
way of this petition, the petitioner-State has prayed to quash and
set aside the order passed by the Gujarat Higher Secondary School
Services Tribunal, Ahmedabad (for short, the Tribunal ) in
Application No.142/1990 dated 25.08.2008, whereby, the said
application was allowed and it was held that respondent no.1 herein
was entitled for the pay-scale of Rs.5000-8000 w.e.f. 02.02.1996.
2. The
facts in brief are that on 02.02.1987 respondent no.1 herein was
appointed as a Librarian of respondent no.3-school. On 02.02.1996
respondent no.1 was placed in the first higher pay-scale of
Rs.1400-2600, having completed 9 years’ service.
3. The
State Government accepted the recommendations of the 5th
Pay Commission on 07.01.1998 and a Notification in that regard was
passed by the concerned Department of the State Government on
20.01.1998. Pursuant thereto, respondent no.1 requested the concerned
authority in the petitioner-State to place him in the revised
pay-scale of Rs.5000-8000. However, the same was not granted by the
concerned Department. Therefore, respondent no.1 had filed
Application No.142/1999 before the Tribunal. The said application
came to be allowed by the Tribunal vide impugned judgment and order.
Hence, this petition.
4. Heard
learned AGP Mr. J.K. Shah appearing on behalf of the petitioners and
perused the documents on record. The date of appointment of the
petitioner in service in 02.02.1987. The recommendations of the 5th
Pay Commission were accepted by the State Government w.e.f.
01.01.1996. On the said date, the petitioner was in the pay-scale of
Rs.1200-2040 and as per the 5th Pay Commission, the
corresponding pay-scale was Rs.4000-6000. However, by G.R. Dated
14.08.1998, it was provided that in respect of posts, where no
promotional chances were there, such employees should be granted
better pay-scale of Rs.4500-7000 instead of Rs.4000-6000.
5. On
02.02.1996, admittedly, the pay-scale of the petitioner was
Rs.1400-2600 (pre-revised) and the corresponding pay-scale, as per
the 5th Pay Commission, is Rs.5000-8000. The pay-scale of
Rs.4500-7000 was for those employees who were receiving the pay-scale
of Rs.1200-2040. Looking to the facts of the case, I am of the view
that the Tribunal has rightly appreciated the documents on record and
has allowed the application preferred by the petitioner. I am in
complete agreement with the reasonings given by the Tribunal in its
order and hence, find no reasons to interfere with the same.
6. Consequently,
the petition is summarily rejected.
[K.S.JHAVERI,
J.]
Pravin/*
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