IMPORTANT POINT
The court emphasized the importance of disclosing all material facts and found the decision of the respondent authorities just and proper based on the provisions of G.R. dated 31.03.2005.

JUDGMENT :

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

“A) Admit this petition.

(B) Issue appropriate Writ, order or direction directing the respondents authorities to grant benefit of higher Pay Scale to the petitioner as per Government Resolution, circulars pursuant to the recommendations made by Tikku Pay Commission, considering initial date of appointment and joining of service as that of 27/11/1978 and suitable direction be issued to the respondents authorities to grant all the 1st, 2nd and 3rd pay scales and the difference of amount of consequential benefits may be ordered to be paid with 18% interest and further direction may be issued for revising retirement dues and pensionery benefits to the petitioner.

ALTERNATIVELY

Be pleased to issue appropriate writ, order or direction to the Respondents authorities to consider and decide the representations made by the petitioner, i.e. representations dated 3/1/2008, 17(21)/5/2007, 19/3/2007, 14/2/2007, 29/12/2006 and direct the Respondents authorities to grant benefit of Higher Pay Scales and other consequential benefits to the petitioner.

Added as per Hon’ble Court’s order dated 31/01/2017:

11(BB) Be pleased to issue a writ of mandamus or any other appropriate writ order or direction quashing and setting aside order dated 10.09.2008 passed by Dy. Secretary, Health and Family welfare Department, by which it has been decided that the petitioner is not entitled to get the benefit of higher pay scale.

(C) Grant interim relief and further be pleased to direct the respondents authorities to reconsider/consider the request of the petitioner for granting benefit of higher pay scales as per various representations made by the petitioner and orders thereon may be ordered to be placed on record of this petition, pending admission and/or final hearing of this petition;

Added as per Hon’ble Court’s order dated 03/05/2017:

11(CC) Be pleased to direct the respondent authorities to grant/disburse all the higher Pay Scale on completion of 6, 13 and 19 years of service from initial date of appointment in view of the notes/records of the Government authorities and in view of the decision taken by the departmental promotional committee to pay the same with 12% interest, along with pension, gratuity and all other benefits deriving out of the tenure of the petitioner and the same may be revised and the difference amount may be directed to be paid with 12%.

(D) Pass such orders as thought fit in the interest of justice.

Added as per Hon’ble Court’s order dated 14/07/2023:

11(DD) Be pleased to issue appropriate writ, order or direction and be pleased to quash and set aside the impugned order/communication dated 05.04.2023 passed by the concerned respondent authorities and the concerned respond authorities may kindly be directed to pass appropriate order for granting 1st, 2nd and 3rd higher pay scale with all consequential benefits and the retirement dues, pension, gratuity and other benefits may kindly be revised and difference may kindly be paid to the petitioner accordingly and last pay drawn by the petitioner on 31.10.2005 may kindly be recalculated/revised after addition of higher pay scales, in the interest of justice.”

2. The brief facts giving rise to the present petition are that, initially the petitioner came to be appointed by order dated 10.10.1978 as Medical Officer (Adhoc) Class-II. Thereafter, the petitioner had passed GPSC examination and vide order dated 10.12.1979, he was appointed on permanent basis. It is the say of the petitioner that, there is no break between the Adhoc service and the services which came to be regularized. There was no even adverse remarks through-out his service tenure. That the entire service record is satisfactory and even the petitioner was permitted to cross the Efficiency Bar. It is the case of the petitioner that he was served with the charge-sheet dated 25.05.1988 and pursuant to t