Entitlement to regular pay scale as per government resolutions after completing two years of service.

ORDER :

1. Heard learned advocate Ms. Mamta Vyas on behalf of the petitioner and learned Assistant Government Pleader Mr. Sahil Trivedi on behalf of the respondent – State.

2. By way of this petition, the petitioner has sought for the following reliefs:-

“(a) Your Lordships may be pleased to issue a writ order or direction to the respondents to consider the full pay of the present petitioner as per the resolution dt.11/06/1998 which is annexed at Annex. “A” issued by the resp.no.1 and communications dt.10/10/2000 and 14/09/2001 issued by the resp.no.2 and further be pleased to direct resp.no.3 and 4 to pay difference amounts, seniority and other consequential all benefits to the present petitioner as expeditiously as possible in he interest of justice Annex. D & E.

(b) Pending admission, hearing and final disposal of the present petition, Your Lordships may be pleased to direct the respondents to take a decision in the case of the petitioner putting them in regular pay scale and submit the same before this Hon’ble Court.

(c) Be pleased to pass such other and further relief as may be deemed fit by Your Lordships in the facts and circumstances of the case and in the interest of justice.”

3. It is the case of the petitioner that the petitioner had been appointed as a Vidhya Sahayak in a selection process undertaken in the year 2000 and whereas, as per the policy of the State Government, while the petitioner was entitled to be placed in regular pay scale after completion of two years, yet, the petitioner had not been granted such benefit.

4. Considering the submissions made by learned advocate Ms. Vyas, it would also appear that the issue raised in the present petition is covered by the decision of the learned Coordinate Bench of this Court dated 18.09.2023 in Special Civil Application No.9307/2023.

4.1. The facts of the issue raised in the present petition being similar to the facts of the decision in Special Civil Application No.9307/2023 and allied matters, could not be disputed by learned AGP Mr. Trivedi.

4.2. Considering the same, paragraphs no. 3, 4, 5, 6, and 7 of order dated 18.09.2023 is reproduced hereinbelow for benefit:-

“3. Briefly stated the case of the petitioners is that they had appeared for selection to the post of Vidhya Sahayak in an advertisement published by the respondent no.3 herein and whereas the petitioners after being had been selected appointed as Vidhya Sahajak in the year 2010 or thereabouts. It would appear that in terms of resolution dated learned Advocate would rely upon Government Resolution dated 11.06.1998 and resolution dated 15.04.20210, after period of two years of satisfactory service a Vidhya Sahayak could be absorbed in full pay against vacancies which would arise on account of retirement of teachers in the regular full pay scale and whereas such absorption would be on the basis of the merit list originally prepared. It also appears that Vidhya Sahayaks were not required to complete the period of five years in which they had been originally appointed on fix pay for being eligible and entitled for full pay. It appears that the petitioners are aggrieved by the fact that after completing two years of service, inspite of there being vacancies available, the petitioners were not absorbed against the vacancies which had arisen on account of retirement of teachers, who were on full pay scale and whereas the petitioners were required to wait for completion of 5 years for being entitled for being granted benefit of full pay.

4. It also appears that the issue raised in the present petitions is no more res integra more particularly in cases where similar issues had been raised, learned Co-ordinate Benches of this Court had held in favour of the petitioners therein and whereas the decision had been upheld by Division Benches of this Court. Considering the same, more particularity since the fact of the issue no more being res integra could not be disputed by learned AGP, at this stage, this Court seeks to place