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VAIBHAVI D. NANAVATI
Vinaykant Ratilal Jadav Since Decd. Through Legalheir Smt. Vasantiben Wd/o Vinaykant Ratilal Jadav – Appellant
Versus
State Of Gujarat – Respondent
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 :-
(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
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 eig....
An employee is entitled to a second higher grade pay-scale after 15 years of service from the first higher grade pay-scale, irrespective of the number of promotions received.
An employee is entitled to a second higher pay-scale after 15 years of service if they remain stagnated in the same pay-scale despite receiving promotions.
Entitlement to second higher grade scale must be granted upon completing 15 years of service from first higher grade, regardless of prior promotions or delay in claim.
Point of Law : Promotion of an employee can not be withheld if no departmental proceedings are pending on the date when an employee becomes eligible for promotion.
The court affirmed that the pay scale adjustments for employees based on completion of service are lawful and maintain distinctions made by prior government resolutions.
Denying the benefits of higher grade scale as per Government Resolution dated 1.3.1993 would be illegal and arbitrary.
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