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2024 Supreme(Guj) 1212

BIREN VAISHNAV, PRANAV TRIVEDI
M. D. PARMAR JUNIOR CLERK – Appellant
Versus
PAY AND ACCOUNTS OFFICERS – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.B. PUJARA.
For the Respondent: SANJAY UDHWANI.

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 p

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