Completion of service in the respective cadre is essential for entitlement to higher grade pay scales as per the Government Resolution.

JUDGMENT :

BIREN VAISHNAV, J.

1. This appeal under Clause 15 of the Letters Patent has been filed by the original petitioner. By a CAV judgment dated 26.02.2014, the learned Single Judge dismissed the petition. Hence, the appeal.

2. The appellant had approached this court praying that it be declared that since he had completed 9 years of service in Class-3 post of Junior Clerk in the pay scale of Rs.3050-4590/- on 11.04.2000 and entitled to the second higher grade scale on completion of further nine years’ service on 11.04.2009 as per the Government Resolution dated 16.08.1994. He prayed for a further direction to revise his pay fixation and pay arrears. The prayer in the petition reads as under:

“(b) to hold and declare and direct that the petitioner who has completed 9 years' service in the Class-III post of Junior Clerk in the pay scale of Rs.3050-4590 on 11-4-2000 is entitled to the First Higher Grade Pay Scale of Rs.4000-6000 w.e.f. 11-4-2000 and is entitled to Second Higher Grade Pay Scale on completion of further 9 years' service on 11.4.2009 in the said cadre as per GR dated 16.8.1994, and the respondents be directed to revise the petitioner's pay- fixation accordingly and to pay the arrears within a period of one month.

(c) to quash and set aside the illegal actions/decisions/orders of the State Government dated 4.6.2005 and 3.8.2006 as per Annexure-C colly, declining to approve First Higher Grade Pay-Scale of Rs.4000-6000 to the petitioner on completion of 9 years' service in Class-III cadre of Junior Clerk on 11.4.2000 as per G.R. dated 16-8-1994.

(d) to quash and set aside the impugned order of the State Government dated 17.2.2011 as communication to the petitioner by the Ld. Tribunal's letter dated 9.3.2011 as per Annexure-D colly, declining to grant Second Higher Grade Pay Scale to the petitioner w.e.f. 11.4.2009 in the Class- III cadre of Junior Clerk as per G.R. dated 16-8-1994.

(e) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION, BE PLEASED to stay further operation of the impugned orders of the State Government dated 4.6.2005 and 3.8.2006 as per Annexure-C colly. as well as the impugned order of the State Government dated 17.2.2011 as communicated to the petitioner by the Ld. Tribunal's letter dated 9.3.2011 as per Annexure-D colly. and to sanction and pay the First and Second Higher Grade Pay Scales w.e.f. 11-4-2000 and 11-4-2009 respectively in the Class-III post of Junior Clerk, as per GR dated 16.8.1994.

(f) to grant any other appropriate and just reliefs.

(g) to direct the respondents to sanction the First Higher Grade Pay-Scale of Rs.4000-6000 w.e.f. 11/04/2000 in the Class- III cadre of Junior Clerk on completion of 9 years’ service in the Pay Scale of Rs.3050-4590 in the said cadre as has been sanctioned in case of the exactly similarly situated another co-employee Mr. Ratansinh Joravarsinh Jadav.”

3. Facts in brief are that the petitioner joined as a peon in the Education Tribunal on 02.04.1975 in the pay scale of Rs.750-940/- in accordance with higher grade pay scheme of 05.07.1991, the appellant was granted the first higher pay scale of Rs.775-1025/- with effect from 01.06.1987. The petitioner was subsequently promoted as clerk-cum-typist on 11.04.1991 and placed in the pay scale of Rs.950-1500/- which was converted into pay scale of Rs.3050-4590/-. The appellant completed nine years of service as clerk-typist on 11.04.2000. It appears that the department sought a clarification whether the appellant was entitled to the first higher grade pay scale on completion of nine years of service int eh cadre of junior clerk, however, the request of the appellant was rejected on the ground that since the appellant-petitioner was promoted as junior clerk, he was not entitled to the higher pay scale. He filed the aforesaid petition challenging the rejection which was ultimately dismissed.

4. Mr. K.B. Pujara learned counsel for the appellant would submit that as per the Class-3 of the government Resolution dated 16