JUDGMENT :

1. By way of the present writ petition under Article 226 of the Constitution of India, the petitioner has, inter alia, prayed for the following reliefs:

“(A) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent Nos.1 and 2 to release increment to the petitioner as per revised pay scale @ 3% of revised pay scale as per the settlement with the Union on 30.6.2009 or as per the past practice prevailing in the erstwhile Gujarat Electricity Board as narrated in the Memo of Petition and give all consequential benefits and revised pay scale to the petitioner accordingly from 1.1.2006 till date and release all the monetary benefits consequent thereupon; OR

IN THE ALTERNATIVE;

To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent Nos.1 and 2 to act as per the government notification dated 27.02.2009 whereby government has decided to implement the revised pay scale to all its employees w.e.f. 1.1.2006 and direct the respondent Nos.1 and 2 to give the benefit of the increment as per Rule-10 of the said Notification of Gujarat Civil Services (Revision of Pay) Rules, 2009 and accordingly direct the respondent Nos.1 and 2 to revise the pay scale granting benefit of increment and release all monetary benefits forthwith for the reasons stated in the Memo of Petition and in the interest of justice;

2. The petitioner was serving on the post of Senior Assistant at the Corporate and Registered Office of Uttar Gujarat Vij Company Limited (UGVCL) at Mehsana.

3. The Government of Gujarat setup a Committee for revision of pay-scales of the employees and after perusing the report, the Government of Gujarat decided to implement 6th Pay Commission w.e.f. 01.01.2006. Rules have been framed in this regard and Notification has been issued by the Government of Gujarat, which is known as the Gujarat Civil Services (Revision of Pay) Rules, 2009.

4. The respondents Nos.1 and 2 thereafter, in consultation with the respondent No.3, decided to implement a new pay-scale and issued G.S.O. No.1 of 2009 on 01.07.2009. G.S.O. No.1 of 2009 has been issued by the respondent No.1-UGVCL after entering into 2(p) settlement with the major union Akhil Gujarat Vidyut Kamdar Sangh, Rajkot.

5. Learned Advocate Mr.Bharat Rao appearing for the petitioner has submitted that the petitioner opted for the option as prescribed in G.S.O No.1 of 2009 and the petitioner’s salary has been fixed considering the format given in G.S.O. No.1 of 2009 on 23.07.2009. It is the case of the petitioner that in implementing the new revised pay-scale, the petitioner got injustice because the increment has been given on the pre-revised scale. He has submitted that earlier the GSOs have been issued by the Gujarat Electricity Board (GEB) for the revised pay-scale, wherein the cut-off date for considering the salary is considered as 31st March because the new pay-scale has to come into effect w.e.f. 1st April. While referring to the earlier GSO’s, he has submitted that there is consistent practice of the Board to grant increment on the revised pay. However, on issuing G.S.O. No.1 of 2009 injustice has been done to the petitioner. The petitioner filled in Grievance Redressal Form on 21.08.2009. Prior to that, the petitioner also made a representation on 22.07.2009. The petitioner also made a representation through proper channel on 24.08.2009.

6. It is submitted that the respondent No.1 has wrongly interpreted G.S.O. No.1 of 2009 and also ignored the settlement and the notification of revision of pay, which specifically deals with the issue of release of increment whose date of increment is 1st January.

7. Learned advocate Mr.Rao has submitted that when the Government has fixed the date of increment of all the employees as 1st July