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2014 Supreme(Guj) 80

C.L.SONI
M. D. Parmar – Appellant
Versus
Pay and Accounts Officers – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: K.B. Pujara
For Respondents/Defendant: Ronak Raval, A.G.P.

JUDGMENT

C.L. Soni, J.

1. The question falls for consideration of this Court is, whether an employee, who has got benefit of first higher grade pay-scale on completion of nine years of service is after his promotion, again entitled to the benefit of first higher grade pay-scale on completion of nine years of service in higher cadre (promotional) post? The case of the petitioner is that he was appointed as peon in Class IV cadre in the office of the Gujarat Secondary Education Tribunal ("the Tribunal" for short) on 2-4-1975 and on completion of nine years of service in the said cadre, he was granted first higher grade pay-scale of Rs. 775-1025 with effect from 1-6-1987 in accordance with Government Resolution dated 16-8-1994. He was then promoted as Junior Clerk in Class III cadre on 11-4-1991 and was placed in the pay-scale of Rs. 950-1500 which was then revised to Rs. 3050-4590. It is the case of the petitioner that in the higher cadre of Junior Clerk, he completed nine years of service on 10-4-2000 and thus, became entitled to the first higher grade pay-scale of Rs. 5,000-6,000. The Tribunal sanctioned such first higher grade pay-scale to him with effect from 11-4-2000. The Pay and












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