IMPORTANT POINT
The court directed the reconsideration of the petitioner's eligibility for the second higher pay scale based on applicable government resolutions, emphasizing the need for a fresh decision within eight weeks.

JUDGMENT :

Vaibhavi D. Nanavati, J.

1. Heard Mr. Samir B. Gohil, the learned advocate appearing for the petitioners and Ms. Suman Motla, the learned AGP appearing for the respondent – State.

2. Since the issue involved in both the captioned petitions is self-same, are heard analogously and are being disposed of by this common order. For the sake of convenience, Special Civil Application No.12582 of 2014 is treated as the lead matter.

3. By way of present petition filed under Article 226 of the Constitution of India, the petitioners herein have prayed for the following reliefs :-

“(A) Quashing and setting aside the letters dt. 27.8.2014 and directing the respondents to grant 2nd higher pay scale to the petitioner w.e.f 1.6.2002 and further directing the respondents to revise his pension and retirement benefits accordingly and pay arrears with 10% interest.

(B) During the pendency and final disposal of this petition, the respondents may be directed to grant 2nd higher pay scale w.e.f 1.6.2002.

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

4. The Brief facts leading to the filing of the present petition read thus :-

4.1 The petitioner was appointed as Distributor on 13.4.1973 by the respondent No.3 and promoted to the post of Compositor on 18.2.1977 and retired on 31.1.2012.

4.2 The petitioner was granted 1st higher pay scale w.e.f 1.6.1987 as per the Government Resolution dated 16.8.94 and became entitled for the 2nd higher pay scale on 1.6.1997 upon completion of 09 years of service from 1.6.1987, but was granted the same w.e.f 1.6.2007 in October, 2008 after 20 years of service from the date of grant of 1st higher pay scale.

4.3 The petitioner made various representations to the respondents authorities, however in absence of any response from the respondent authorities, the petitioner preferred Special Civil Application No.6867 of 2014 wherein directions came to be issued by order dated 6.5.2014 to decide representation of the petitioner dated 8.5.2009. The said order dated 6.5.2014 is duly produced at Annexure-A.

4.4 Thereafter by letter dated 27.8.20 14, the petitioner’s claim came to be rejected on the ground that the petitioner was granted 2nd higher pay scale as per Government Resolution dated 16.8.1994 and the petitioner’s junior was granted higher pay-scale as per Government Resolution dated 2.7.2007. In view thereof, the petitioner has challenged the decision dated 27.8.2014 by invoking Article 226 of the Constitution of India and filed the present petition.

5. Mr. Samir B. Gohil, the learned advocate appearing for the petitioner at the outset has limited his grievance to the second higher pay-scale and submitted that the petitioner herein be considered for grant of second higher pay-scale as per Government Resolution dated 16.8.1994.

5.1 It is submitted that the petitioner herein completed 18 years of service on 1.6.2002 and was entitled to second higher pay-scale as per the Government Resolution dated 2.7.2007, however the respondent authorities have erred in granting the second higher pay-scale w.e.f. 1.6.2007 in October, 2008.

5.2 It is submitted that even considering the Government Resolution dated 16.8.1994 the petitioner is entitled for grant of second higher pay-scale having completed 09 years in the year 1996.

5.3 It is submitted that the case of the petitioner be considered as per the Government Resolution dated 16.8.1994 for grant of second higher pay-scale upon completion of 09 years of service from the grant of first higher pay-scale i.e. 1.6.1987.

6. Ms. Suman Motla, the learned AGP relied on the affidavit-in-reply filed by the respondent authority and submitted that the petitioner herein has prayed for grant of second higher pay-scale as provided under the Government Resolution dated 2.7.2007. It is also submitted that the employees junior to the petitioner was granted the second higher pay-scale under the Government Resolution dated 16.8.1994.

6.1 Ms. Motla, the learned AGP submitted that the Fin