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SCA/12270/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12270 of 2011
=========================================================
TULSIBHAI
M DODIYA - Petitioner(s)
Versus
STATE
OF GUJARAT - THROUGH SECRETARY & 1 - Respondent(s)
=========================================================
Appearance
:
MS
TEJAL K SHAH for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 30/08/2011
ORAL
ORDER
Heard
learned Advocate Ms.Shah for petitioner and Mr. AL Sharma, learned
AGP for respondent State Authority.
Petitioner
was appointed w.e.f. 14.6.1978 as Agri.Sanyojak in Ahmedabad Jilla
Sarvodaya Yojna Shapur. Thereafter, said Yojna came to be closed as
per Govt. Resolution dated 31.8.1981. Therefore, petitioner was
absorbed as senior clerk and placed under TDO Viramgam. Afterwards,
all the ad.hoc employees of Sarvodaya Yojna made representation to
State Government to absorb them on regular basis in panchayat
service which was considered favourably by State Government and
petitioner was absorbed on regular basis from 1.4.1987 after
reverting petitioner to the post of Junior Clerk. Petitioner is
claiming that he is entitled for 1st Higher Pay Scale
from 14.6.1987 in pay scale of Rs.1400-2600 and 2nd
higher grae from 14.6.2002 after fifteen years in scale of
Rs.5500-9000 as per GR dated 16.8.1994. In other district, this
benefit has been granted to similarly situated employees but not
granted to petitioner and, therefore, petitioner has filed this
petition.
In
view of these facts submitted by petitioner in memo of petition, let
petitioner may make detailed representation to respondent authority
within one month from date of receipt of copy of this order.
As
and when such representation made by petitioner is received by
respondent authority, it is directed to respondent authority to
reconsider claim of petitioner in respect to granting benefit of
first and second higher pay scale from date of joining in Sarvodaya
Yojna and then to pass appropriate reasoned order in accordance with
law within three months from date of receipt of representation from
petitioner and then to communicate decision to petitioner
immediately thereafter.
With
these observations and directions, this petition is disposed of by
this court without expressing any opinion on merits. DS Permitted.
(H.K.
Rathod,J.)
Vyas
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