Entitlement to employee benefits based on completion of service and age, as provided in the G.R. dated 16.08.1994 and the exemption from departmental examination upon completion of 45 years of age.

ORDER :

Nisha M. Thakore, J.

1. The appellants herein are the original petitioners, who are the heirs and legal representatives of employee Shri Shirishchandra Trivedi, who expired pending the petition. The challenge is to the oral judgment dated 30.04.2010 passed by the learned Single Judge whereby the challenge to the action of the non-grant of benefits claiming for first higher grade pay on completion of 9 years and 18 years of service in the cadre of Deputy Mamlatdar based on the Government Resolution dated 16.08.1994 came to be dismissed.

2. The facts as pleaded by the original petitioner are briefly summarized as under:

2.1 The original petitioner was appointed to the post of Clerk under the respondent State on 19.02.1969. Thereafter, the original petitioner was promoted to the post of Deputy Mamlatdar on 16.07.1983, however because of closure of post of Mamlatdar and since other similarly situated Mamlatdars were required to be accommodated, the original petitioner was reverted back to his original cadre. On 01.07.1989 the original petitioner came to be regularly promoted to the post of Deputy Mamlatdar and he had continued on the said post till his retirement on 30.06.2003.

2.2 It is the case of the original petitioner that he had moved an application way back in the year 2001 seeking benefits of first higher grade pay scale in terms of the G.R. dated 16.08.1994, however the respondent State Authorities have not acceded to such request and the grievance of the original petitioner was not addressed. In such circumstances, the original petitioner was constrained to approach this Court invoking extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India.

2.3 The original petitioner prayed for the following reliefs :

“(B) be pleased to quash and set aside the decision of the respondents taken vide communications dated 9/9/2003 and 20/10/2003, annexed at ANNEXURE: H-Colly. to this petition, issued by the respondent No.2, by issuing a suitable writ, direction or order under Article 226 of the Constitution of India;

(C) be pleased to hold that the petitioner is entitled to higher grade benefits on completion of nine years and eighteen years of service in the cadre of Deputy Mamlatdar considering the re-adjustment date of the promotion to the petitioner as on 12/12/1982 as shown in Schedule VI of the Seniority list, annexed at ANNEXURE: C to this petition, by issuing suitable direction under Article 226 of the Constitution of India;

(D) be pleased to direct the respondents to grant benefit of higher grade on completion of nine years and eighteen years of service in the cadre of Deputy Mamlatdar, considering the re-adjustment date of promotion of the petitioner on the post of Deputy Mamlatdar as 12/12/1982 as shown in the Schedule VI of the seniority list, ANNEXURE: C to this petition, and further be pleased to direct the respondents to give whatever the benefit of higher grade available to the petitioner, by issuing suitable writ, direction or order under Article 226 of the Constitution of India;

(E) be pleased to direct the respondents to grant benefit of higher grade to the petitioner considering the fact that the petitioner was entitled for exemption as per the circular of the State Government dated 20/12/1991, as the petitioner had already completed 45 years of age before the relevant date i.e. 5/7/1991 by issuing suitable direction under Article 226 of the Constitution of India;

(F) be pleased to direct the respondents to re-fix the pensionary benefits of the petitioner after granting benefit of the higher grade to the petitioner and direct the respondents to pay the arrears of higher grade benefits as also the arrears of pensionary benefits to the petitioner, by issuing suitable directions under Article 226 of the Constitution of India;

(G) be pleased to grant interim direction, directing the respondents to grant higher grade benefit to the petitioner for rendering requisite service by the petitioner