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HEMANT M. PRACHCHHAK
Ramniklal Manishankar Joshi – Appellant
Versus
State of Gujarat – Respondent
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 letter dated 5.11.2011 of the respondents with below mentioned reliefs:
(B) During the pendency and final disposal of this petition, the Respondent No. 2 may be directed to grant the second higher grade scale to the petitioner form 13.11.2004.
(C) To grant such and further relief as may be deemed fit and proper.”
2. The brief facts giving rise to present petition are that the petitioner was appointed on 13.11.1980 as Turner, Grade-I with respondent No. 2 and retired from service on superannuation on 31.5.2007 on the same post without getting promotion.
2.1 The State Government framed a scheme for higher grade scale by the Resolution dated 5.7.1991, which was modified by the Resolution dated 16.8.1994 and thereafter modified by the Resolution dated 2.7.2007. Present petition relates to grant o
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 emphasized the importance of challenging decisions of authorities and upheld the relevance of the resolution in determining entitlement to higher pay scales.
The main legal point established in the judgment is that the withdrawal of benefits without providing an opportunity for the petitioner to be heard was unjust and improper, and the petitioner's entit....
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.
Article 229 of the Constitution of India and the employees and staff members of the District Courts are governed by different rules. In the wake of above, they are entitled to higher grade pay-scale.
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