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2010 (2) GCD 930 (Guj)
Hon’ble Mr. Justice M.R. Shah
Vipulkumar Atmaram Parekh & Ors.
Versus
State of Gujarat Through Secretary & Ors.
Special Civil Application No. 1314 of 2009—Decided on 24/03/2009
Held :
So far as the present petition is concerned, in view of the statement made by Ms. Calla, learned AGP appearing on behalf of the Respondent Nos. 1 and 3 recorded herein above and that the Respondent No. 3 is now withdrawing the objection raised by him with respect to grant of benefit of higher grade pay scale to the respective petitioners, on return of case papers of the respective petitioners by the Respondent No. 2 to the Respondent No. 3, the Respondent No. 3 is directed to pass an appropriate order with respect to grant of the benefit of higher grade scale in accordance with the Government Resolution dated 16.8.1994 of the Finance Department considering the seniority/service of the respective petitioners from the date of their first appointment as an Assistant (Junior Clerk) i.e. inclusive of seniority/service prior to their request transfer within a period of 3 weeks from the date of the receipt of the case papers from the office of the Respondent No. 2 and pay the arrears within a period of 4 weeks thereafter without fail. Rule is made absolute to the aforesaid extent. [Para 11]
Law Laid Down :
Not following the Law laid down by the High Court and disregarding the same amounts to civil contempt.
Case Law Analysis :
State of Maharashtra vs. Uttam Vishun Pawar, 2008 AIR SCW 937 [Para 5];; Smt. Dhanlakshmiben Liladhar Suchak vs. Director of Ayurved and Others, 1992 (2) GLH 478 [Para 5];; State of Gujarat vs. Secretary, Labour Social Welfare & Tribunal Development Department & Anr., 1982 (1) GLR 61 [Para 5];; Naynaben Manubhai Vyas & Others vs. State of Gujarat & Others, Special Civil Application No. 1446 of 1994, dated 12.3.2009 [Para 6].—Relied on
M.R. Shah, J.—Rule. Ms. Krina Calla, learned AGP waives service of notice of rule on behalf of the Respondents No. 1 and 3 and Shri J.B. Pardiwala, learned Advocate waives service of notice of rule on behalf of the Respondent No. 2. With the consent of the learned Advocates appearing on behalf of the respective parties, the matter is taken up for final hearing today.
2. By way of this petition under Article 226 of the Constitution of India, the petitioners who are staff members of the District Court, Gandhinagar have prayed for an appropriate writ, direction and order directing the Respondent Nos. 1 and 3 to award the benefit of higher pay scale to them as provided in the Government Resolution dated 16.8.1994 issued by the Finance Department, State of Gujarat on completion of 9 years of service from the date of their first appointment.
3. Petitioner No. 1 was appointed as an Assistant (Junior Clerk) initially with the Principal Civil Judge (J.D.), Bhuj vide appointment order dated 10.10.1996. He joined the services on 17.10.1996. He requested for voluntary transfer and he was transferred on 1.9.2000 to work with the Civil Judge (J.D.), Sanand. It is the case on behalf of the Petitioner No. 1 that he cleared his departmental examination on 29.10.2005 and thereafter considering 9 years service from 17.10.1996 he applied for higher pay scale on 23.1.2007.
The Petitioner No. 2 was appointed as an Assistant ((Junior Clerk) initially with the Civil Judge (J.D.), and JMFC, Umreth vide appointment order dated 10.04.1997. He joined the services on 17.04.1997. He requested for voluntary transfer and he was transferred on 29.4.2000 to work with the Assistant Judge, Gandhinagar. It is the case on behalf of the Petitioner No. 2 that he cleared his departmental examination on 29.10.2005 and thereafter considering 9 years service from 17.04.1997 he applied for higher pay scale on 6.12.2007.
Petitioner No. 3 was appointed as an Assistant (Junior Clerk) with the Civil Judge (S.D.), Nadiad vide appointment order dated 10.4.1997. She joined the service on 21.4.1997. At her request, she was transferred on 20.3.1999 to work with the District Court, Ahmedabad (Rural). She cleared her departmental examination on 29.10.2005. She applied for higher pay scale on 27.3.2008 on completion of 9 years of service as an Assistant (Junior Clerk).
Petitioner No. 4 was appointed as Gujarati Stenographer (Grade-3) with the Civil Judge (J.D.) and JMFC, Santrampur, District Panchmahals vide appointment order dated 13.5.1983. He joined the service on 30.12.1983. At his request, he was transferred on 13.7.1987 to work with the District Judge, Vadodara and on 10.11.1997 to work with the District Judge, Ahmedabad (Rural). He cleared departmental examination on 24.6.1994. Thereafter, he has applied for higher grade pay scale on 21.11.2007 as by then he had completed 24 years of service as Gujarati Stenographer.
Petitioner No. 5 was appointed as a Peon with the District Court, Panchmahals vide appointment order dated 1.12.1983. He joined the services on 30.12.1983. At his request, he was transferred on 13.7.1987 to work with the District Judge, Vadodara and on 10.11.1997 to work with the District Judge, Ahmedabad (Rural). Thereafter, he applied for higher grade pay scale on 28.6.2007 on completion of 9 years of service on 1.12.1992 and 24 years of service on 30.12.2007 as a peon.
4. It is the case on behalf of the respective petitioners that they are entitled to higher pay scale on completion of 9 years of service in the same cadre/post by Government Resolution dated 16.8.1994 issued by the Finance Department, State of Gujarat. That, thereafter the Principal District Judge, Gandhinagar forawarded the case of the petitioners for granting the benefit of higher grade pay scale from the respective date on completion of 9 years of service from the date of their initial appointment with necessary recommendation. It is the case on behalf of the respective petitioners that in
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