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A. Y. KOGJE
Thakorbhai Narottamdas Thakkar – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. This petition under Articles 14 & 16 of the Constitution of India is filed with following prayer(s):-
2. It is the case where petitioner is claiming a 2nd higher grade scale on the principle of having worked for 9 years in one scale, and therefore, challenging the decision dated 04.04.2015 rejecting the claim of the petitioner. Such decision being taken against the order of this court too.
3. Learned advocate for the petitioner submits that upon completion of another fifteen years of service after r
Entitlement to second higher grade scale must be granted upon completing 15 years of service from first higher grade, regardless of prior promotions or delay in claim.
Entitlement to higher grade scale is not contingent upon passing the same examination for the purpose of earning the second higher grade scale, once the first higher grade scale is granted.
The court emphasized the importance of challenging decisions of authorities and upheld the relevance of the resolution in determining entitlement to higher pay scales.
An employee is entitled to a second higher grade pay-scale after 15 years of service from the first higher grade pay-scale, irrespective of the number of promotions received.
Point of Law : Promotion of an employee can not be withheld if no departmental proceedings are pending on the date when an employee becomes eligible for promotion.
The court directed the reconsideration of the petitioner's eligibility for the second higher pay scale based on applicable government resolutions, emphasizing the need for a fresh decision within eig....
An employee is entitled to a second higher pay-scale after 15 years of service if they remain stagnated in the same pay-scale despite receiving promotions.
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