JUDGMENT :

1. Present petition is filed by the original petitioner under Article 226 of the Constitution of India with the following reliefs.

(A) be pleased to allow this petition,

(B) be pleased to issue a writ of mandamus or any other appropriate writ, order or direction by directing the respondents to apply :

(I) the judgment dated 29-7-2003 in Special Civil Application No.10772 of 2003.

(II) judgment dated 18-2-2010 in Special Civil Application No.324 of 2010 and other cognate matters.

(III) Special Civil Application No.8181 of 1998 dated 6-8-1999.

(IV) Oral order dated 28-1-2010 in Letters Patent Appeal No.663 of 2000 to 665 of 2000.

In the case of the petitioner and grant the benefit of first higher grade scale (Rs.1400 – 2600) with effect from 09.09.1992 i.e. the date on which the petitioner completed 9 years services on the post of senior clerk instead of 01.09.1997 and grant all the consequential and incidental benefits including the second higher pay scale.

And/or

further be pleased to quash and set aside the impugned order dated 15.04.2008 passed by the respondent no.2 by which the representation of the petitioner is rejected.

(C) Pending admission, hearing and final disposal of this petition, be pleased to direct the respondents to reconsider the case of petitioner for grant of first higher pay scale (Rs.1400 – 2600) with effect from 09.09.1992 i.e. the date on which the petitioner completed 9 year service on the post of senior clerk instead of 01.09.1997 and grant all the consequential and incidental benefits including the second higher pay scale in light of judicial pronouncements annexed to this petition.

(D) be pleased to pass such other and further orders may be deemed just and proper looking to the facts and circumstances of the case and in the interest of justice.

2. Facts of the present petition in nutshell are that the petitioner was appointed as junior clerk on 07.07.1980 and was promoted as senior clerk on 09.09.1992 in the District Panchayat, Valsad by way of regular selection. The petitioner has completed 9 years continuous service on the post of senior clerk and, therefore, he was entitled to the first higher pay scale of Rs.1400 – 2600 with effect from 09.09.1992, but the same was given to the petitioner in 1997. That the grievance of the petitioner is that he has completed 9 years on 03.07.1992, whereas, the departmental examination was first time taken on 17.09.1994, however, he could not have appeared in the examination. Since the petitioner has completed 9 years service on the post of senior clerk in September 1992 whereas the departmental examination was taken for the first time in 1994, however the petitioner was entitled to get the first higher pay scale from September 1992 and after passing the examination the first higher pay scale was given in September 1997. Therefore, the petitioner made several representations, but the same came to be rejected by the respondent relying upon the resolution dated 16.08.1994 whereas the petitioner has completed 9 years much prior to the resolution. Thereafter, the petitioner made several representations, however, the same were not decided till date.

3. Being aggrieved and dissatisfied by the impugned order/communication/action on the part of the respondents, the petitioner has preferred the present petition.

4. Heard Mr.Hardik Rawal, learned counsel appearing for the petitioner, Ms.Megha Chitaliya, learned Assistant Government Pleader appearing for respondent No.1 and Mr.Rutvij Bhatt, learned counsel appearing for respondent No.2. Perused the materials placed on record.

5. Mr.Hardik Rawal, learned counsel appearing for the petitioner has submitted the same facts which are narrated in the memo of petition and has submitted that the impugned order is illegal, unjust and arbitrary. He has submitted that the case of the petitioner is covered by the judicial pronouncement and the benefit is given to one set of employees the State should extend the same benefit t