IMPORTANT POINT
The court emphasized the importance of challenging decisions of authorities and upheld the relevance of the resolution in determining entitlement to higher pay scales.

JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. The petitioner has preferred present petition, under Articles 14, 16 and 226 of the Constitution of India and challenged inaction on the part of the respondents with below mentioned prayers:

“15(A) admit this petition.

(B) issue appropriate writ, order or direction and be pleased to direct the respondent authorities to pass appropriate order for granting benefit of 2nd Higher Pay Scale to the petitioner i.e. the pay scale for the post of Assistant Nursing Director (Pay Scale of further Promotional post) w.e.f. 1/10/2010 and the 2nd Higher Pay Scale be ordered to be granted with 12% interest and further consequential benefits may be ordered to be paid to the petitioner accordingly.

(C) issue appropriate writ, order or direction and be pleased to hold that the action of respondent no. 4 authority of pressurizing the petitioner and using coercive tactics upon the petitioner for execution of writing for surrendering statutory right of the petitioner to get 2nd Higher Pay Scale, be declared as illegal, illogical, arbitrary and further be pleased to hold that the petitioner would be entitled to get the 2nd Higher Pay Scale irrespective of writing executed by the petitioner by which the petitioner had surrendered her right qua 2nd Higher Pay Scale and appropriate writ, order or direction be issued in this regard.

ALTERNATIVELY

Issue appropriate writ, order or direction upon the respondent authorities to consider and decide the representation dated 24/6/2014 preferred by the petitioner after giving reasonable opportunity of hearing to the petitioner and the respondent authorities be directed to pass reasoned order as expeditiously as possible in the interest of justice in respect of granting benefit of 2nd higher pay scale to the petitioner.

2. The short facts giving rise to present petition are that the petitioner came to be appointed as Staff Nurse in April, 1980. Thereafter, the petitioner was appointed as Nursing Tutor by order dated 19/4/1986 and the petitioner had resumed her duties w.e.f. 1/5/1986. Thereafter, the petitioner came to be transferred to various places, however, the fact remains that the petitioner had served as Nursing Tutor and she had completed 9 years of services in the cadre of Nursing Tutor on 1/5/1995.

2.1 The State of Gujarat had floated a Scheme for granting benefits of Higher Pay Scales. Thereafter, the said G.R. came to be replaced by another G.R. dated 2/7/2007 and as per the said G.R. of 2007, the petitioner became eligible and entitled to get 2nd Higher Pay Scale on completion of 24 years of services. The petitioner had completed 24 years services on 1/5/2010. Though, the petitioner had made representation to concerned respondent authority, the concerned respondent authority had not granted the benefit of 1st as well as 2nd Higher Pay Scales and, therefore, the petitioner was constrained to prefer petition being Special Civil Application No. 2228/2013. The said petition came to be disposed of by the Hon'ble High Court vide order dated 19/6/2013.

2.2 Pursuant to the order of the High Court, the petitioner had made representation dated 9/9/2013 to the concerned respondent authority. However, as the concerned authorities has not complied with the said order, the petitioner was constrained to prefer application being Misc. Civil Application No. 669/2014 for initiation of proceedings under Sec. 10 of the Contempt of Courts Act. During the course of pendency of the aforesaid application, the order dated 28/3/2014 came to be passed and on the basis of the said order, further order dated 31/3/2014 came to be passed.

2.3 Thus, the petitioner was granted 1st Higher Pay Scale i.e. the pay scale of 2200-4000 w.e.f. 2/10/1995 however, the concerned respondent authority has passed an order dated 5/4/2014 to the effect that as the petitioner was granted higher pay scale of Rs. 2200-4000, she would not be entitled to get the benefit of 2nd Higher Pay Scale.

2.4 In fact considering the afore