Point of Law: the relief claimed in the petition, even based on the judgment in the case of Dr B.M. Gupta, is not tenable in law as there is gross delay in approaching the Court even if presuming it to be similar in each and every respects

JUDGMENT :

1. By way of this petition the petitioner prayed for quashing and setting aside the letter dated 20.05.2005 whereby the petitioner was informed that his request for advance increments in the revised pay-scale of Rs.1200-1900 on the date of his appointment in the University came to be rejected.

1.1 The petitioner, seeking such revision of pay, requested to apply the principle as was applied in the case of Dr. B.M. Gupta serving in the very same University. The petitioner was appointed vide order dated 08.07.1976 as Entomologist in All India Coordinate Research Project on Sorghum Improvement, Navsari with the starting pay of Rs.1050/- per month in the pay-scale of Rs.700–1250 plus usual allowances as per the University Rules with effect from the date of taking over the charge of the said post. Pursuant to the said order the petitioner joined the services on 11.10.1976. It is the case of the petitioner that the pay-scale of Rs.700–1250 came to be revised to Rs.1200 – 1900 with effect from 01.01.1973. Pursuant to the revision of pay, the pay of the petitioner was fixed by proforma fixation, which is at page 12 of the petition. By the said pay fixation, pay of the petitioner was fixed at Rs.1200 in the revised pay scale as revised by University Grants Commission. The said pay fixed was minimum of the pay-scale denying weightage of advance seven increments to the petitioner in the revised pay-scale. The said proforma pay fixation was performed pursuant to the option exercised by him to go for revised pay-scale. The petitioner had signed the said form of option on 11.05.1977, and therefore, proforma pay fixation was undertaken.

1.2 It is the case of the petitioner that the said pay fixation, in the revised pay-scale, was objected to by him vide communication dated 29.01.1980 addressed to the Registrar, Gujarat Agricultural University, Dantiwada claiming that he should have been granted seven advance increments in the minimum scale of pay, being Rs.1200. According to the petitioner, while revising the pay of the petitioner, he was fixed at minimum of the pay-scale ignoring seven advance increments granted by the respondent – University in pre-revised scale on the basis of his qualification, experience and salary drawn by him in previous service at Uadaipur.

1.3 It is further the case of the petitioner that he was appointed as Professor of Entomology in the College of Agriculture, Gujarat Agricultural University, Junagadh and joined the post on 20.03.1982 where his pay was fixed at Rs.1560/- in the pay-scale of Rs.1500-2500 vide office order dated 20.06.1983. The history of further pay revision in that cadre is not of much relevance for the purpose of determination of the issue raised in this petition as the petitioner claims that on the first revision of pay he should have been granted seven advance increments by fixing his pay at minimum in the revised pay-scale adding seven advance increments as was done while he was first appointed. The impugned communication dated 20.05.2005, which is now challenged by way of present petition, contains a recital that he was once again informed that he was already granted advance increments in the pay-scale (Unrevised) of the post offered at the time of appointment protecting the pay of the petitioner. Thus, it appears that prior thereto he was communicated on earlier occasion about non acceptance of his request with regard to revision of pay from the date of his appointment in the revised pay-scale as claimed.

2. Shri Gautam Joshi, Senior Advocate, learned Counsel appearing with Shri Vyom Shah, learned advocate for the petitioner, submitted that though revision of pay was made effective from 01.01.1973, according to his submission, as he was granted seven advance increments at the time of appointment in an unrevised pay-scale, revision of which is effective prior to his appointment, he should be granted minimum of pay-scale i.e. Rs.1200 plus seven increments thereon while revising his pay un