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2024 Supreme(Guj) 1150

HEMANT M. PRACHCHHAK
Meeta Desai – Appellant
Versus
State Of Gujarat Thro Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Abhisst K Thaker
For the Respondent: Mr Aditya Jadeja Agp

JUDGMENT :

1. By way of present petition, under Articles 14, 16 and 226 of the Constitution of India, the petitioner has challenged inaction on the part of the respondents and prayed, inter alia, that :-

    "A) Quashing and setting aside the memo dt.30.1.2012 and directing the Respondents to reconsider the case of the petitioner for grant of second higher grade scale w.e.f 7.2.2004 and every year thereafter till the year 2007 by applying the criterion as explained in this petition, and to pay the arrears with 10% interest.

B) During the pendency and final disposal of this petition, Respondent No.2 may be directed to reconsider the case of the petitioner for higher grade scale from 7.2.2004 by applying correct criterion.

C) To grant such and further relief as may be deemed fit and proper."

2. The facts giving rise to present petition are that the petitioner was serving as 'Head Clerk' in the office of respondent No 4. The petitioner was appointed as 'Junior Clerk' on 21.12.1979 and then promoted as 'Senior Clerk' on 4.6.2003. The petitioner was given the deemed date of promotion of Senior Clerk as 8.11.1992. Lastly the petitioner was promoted to the post of 'Head Clerk' on 7.12.2010. The p

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