IMPORTANT POINT
A government servant loses their lien on a previous post upon confirmation in a new permanent position, affecting eligibility for benefits tied to the former post.

JUDGMENT :

(Vaibhavi D. Nanavati, J.) :

Heard Mr. C.G Govindan, learned party-in-person and Mr.D.M Devnani, learned advocate appearing for respondents nos. 1 to 3. Ms. Suman Motla, learned AGP for respondent no.4.

2. The petitioner herein, was serving as Private Secretary in the establishment of the High Court and had retired upon reaching the age of superannuation upon completing 38 years of service on 30.04.2004. Before filing the present writ petition the petitioner had filed departmental appeal being SCA No.10345 of 2001, SCA No. 4461 of 2003 and MCA No. 2189 of 2004 in SCA No. 4461 of 2003 with CA No. 7755 of 2005. While disposing of MCA No.2189 of 2004 with CA No. 7755 of 2005 in SCA No.4461 of 2003 vide order dated 13.09.2005, it was observed that if the applicant was not satisfied with the decision, then the petitioner had the remedy to challenge the decision by filing a substantive petition. The said order is duly produced at Annexure-A. In view thereof, the present petition is filed by the petitioner herein, being aggrieved by the order no. B.1304 of 2000 dated 27.06.2000 passed by the respondent no.2, the then Registrar of High Court of Gujarat, confirming the petitioner retrospectively, without following the provisions of BCSR with a malafide intention to deny the pay-scale of Rs.10,000 -15,200 to the petitioner.

3. The order no. 359 of 2002 dated 16.12.2002 passed by the respondent no.4 the Principal Judge, terminating the lien of the petitioner on the post of Private Secretary in the City Civil Court, Ahmedabad with retrospective effect and the letter dated 29.03.2004 of the respondent no.2, as the same does not convey that the representations of the petitioner have been decided afresh as per the order passed in SCA No. 4461 of 2003 dated 10.07.2003. But it states that the representations have been decided as per the letter dated 23.01.2002 which was under challenge in SCA No. 4461 of 2003. The petitioner also challenges the decisionletters of respondent no.1 dated 10.12.2004 and 31.03.2005 conveyed to respondent no.2, rejecting the claim of the petitioner for the pay-scale of Rs.10,000-15,200 and designating the petitioner as Principal Private Secretary (hereinafter be read as ‘PPS’) without deciding the representations of the petitioner dated 04.12.2000 and 04.01.2001 afresh as per the order dated 10.07.2003 passed in SCA No.4461 of 2003 on the ground that the same were without jurisdiction, contrary to the provisions of BCSR and are contrary to law, misdirecting the facts based on irrelevant considerations and had disregarded the judgments of Supreme Court and High Courts.

4. Brief facts leading to the filing of the present petition are as follows.

4.1 The petitioner joined the Government service as Stenographer Grade-II, in the office of Labour Commissioner Ahmedabad in the year 1966. Thereafter, the petitioner was appointed as Stenographer Grade-II and transferred to the Office of Government Pleader High Court of Gujarat, in the year 1970. The petitioner was appointed as Stenographer Grade-I as Private Secretary and his services were transferred to City Civil Court, Ahmedabad from 02.12.1974 and thereafter he was confirmed on the said post. The petitioner joined High Court of Gujarat as Stenographer Grade-I Private Secretary (herinafter be read as ‘PS’) on the basis of transfer order from 01.09.1990 by appointment order issued by the High Court dated 20.06.1990 and the petitioner was relieved from City Civil Court, by order dated 29.08.1990, to enable the petitioner to join the duties as Private Secretary in the High Court. The office orders are annexed hereto and marked as Annexure- B Colly.

4.2 On 25.05.1999, the General Administrative Department of State of Gujarat, issued the GR NO.S-CH-M- 1991-1876 KH-4, which is duly produced at Annexure- C. It indicates upgradation of 20% of the sanctioned posts of Private Secretary Class-II in Sachivalaya and other heads of the department, where recruitment of Stenographer