Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Vaibhavi D. Nanavati, J.
Bakulbhai V Thakkar Appellant
Vs.
Gujarat Water Supply And Sewerage Board & Ors. - Respondent
Special Civil Application No. 11960 of 2015
Decided On : 19-11-2024
(A) Constitution of India - Article 226 - Writ petition for quashing impugned communication denying second higher pay scale - Petitioner appointed as Junior Clerk, promoted to Senior Clerk, and worked as Divisional Accountant without formal promotion - Court found post of Senior Clerk and Senior Clerk (Accounts) to be equivalent, thus denying higher pay scale was arbitrary. (Paras 8.1, 8.2, 8.3)
(B) Government Resolution dated 16.08.1994 - Conditions regarding entitlement for higher pay scale after completion of service - Court ruled that refusal of transfer does not preclude entitlement to next higher scale after completion of service duration. (Paras 6.1, 6.2)
Facts of the case:
The petitioner, after being appointed as Junior Clerk, was promoted to Senior Clerk and subsequently worked in the capacity of Divisional Accountant without formal promotion. The denial of the second higher pay scale was based on the premise that she had refused a transfer to Senior Clerk (Accounts), which was claimed to be a promotional post.
Findings of Court:
The Court found that the refusal to accept the transfer did not constitute a denial of promotion, as both posts were equivalent and carried the same pay scale. The Board's action in withdrawing the higher pay scale was deemed arbitrary and illegal.
Issues: Whether the Board was justified in withdrawing the higher pay scale based on the refusal to accept a transfer to an equivalent post.
Ratio Decidendi: The Court held that the denial of the second higher pay scale was arbitrary, as the posts were equivalent and the Government Resolution did not stipulate that refusal of a transfer would affect entitlement to higher pay scale.
Result: The impugned communication was quashed, and the authorities were directed to consider the case for the second higher grade pay scale.
JUDGMENT :
Vaibhavi D. Nanavati, J.
1. Heard Ms. Niyati V. Vaishnav, learned advocate appearing for the petitioner and Mr. H.S. Munshaw, learned advocate appearing for the respondent no.1- Board.
2. By way of the present petition, petitioner herein has prayed for the following reliefs:
(B) Your Lordships be pleased to issue direction to Res. No. 1 Board to consider the case of the petitioner for granting pay scale of Divisional Accountant from 24.6.2013 to 30.06.2014.
(C) Your Lordships be pleased to allow this petition with costs.
(D) Your Lordships be pleased to pass any other and further order, which may be deemed fit and proper in the interest of justice.”
3.1. Briefly stated that, the petitioner came to be appointed as Junior Clerk by Superintending Engineer, Public Health Project Circle, Rajkot vide office order issued vide letter dated 24.04.1981. The petitioner resumed the duty on 28.04.1981. Upon completion of 9 years of service, the petitioner was granted 1st higher grade by the respondent no.4 by office order no. 132/92 issued vide letter dated 25.09.1992, giving effect from 26.05.1990 to 1st higher grade in the grade of Rs.1200-30-1560-EB-40-2040, which is duly produced at Annexure-A.
3.2. The petitioner herein passed the departmental examination for Senior Clerk successfully and was promoted on the post of Senior Clerk vide order dated 28.05.1993 issued by the Superintending Engineer, Public Health Circle, Rajkot and accordingly the petitioner resumed duty on 31.05.1993.
3.3. The petitioner was transferred from the post of Senior Clerk to Senior Clerk (Account) from the Public Health Works Division, No.1 Bhuj to Public Mechanical Division, Jamnagar, considering transfer as line of promotion by respondent no.2 vide office order no. 19 of 2008 dated 12.03.2008. The petitioner was not able to resume the duty, due to unfavourable circumstances and in view thereof, gave an application on 19.03.2008 to the respondent no.2 and requested to give second chance for promotion, which is duly produced at Annexure-B and C respectively.
3.4. The petitioner thereafter was transferred from the post of Senior Clerk to Senior Clerk (Account) from Public Health Works Division, No.1, Bhuj to Public Health Works, Division No. 2, Jamnagar, considering transfer as line of promotion by the respondent no.2 vide office order no. 31 of 2008 dated 28.11.2008. The petitioner gave an application dated 05.12.2008 to the respondent no.2 to the effect that the petitioner was not able to resume the duty, due to unfavourable circumstance and requested to give second chance for promotion. The said communications are duly produced at Annexuere-D and E respectively.
3.5. The petitioner thereafter was transferred from the post of Senior Clerk to Senior Clerk (Account) from Public Health Works, Division No.1, Bhuj to Public Health Mechanical Circular, Rajkot, considering transfer as line of promotion by the respondent no.2 vide office order no. 5 of 2011 on 31.03.2011. The petitioner gave an application on 07.04.2011 to the Superintending Engineer, Public Health Mechanical Circle, Rajkot, to the effect that the petitioner had resumed the duty as Senior Clerk (Account) on promotional post on 07.04.2011.
3.6. The respondent no.1 entrusted the work of Divisional Accountant to the petitioner alongwith other employees in the office of the respondent no.5, where, the petitioner was working as Senior Clerk (Accounts), vide ofice order dated 20.06.2013, which is duly produced at Annexure-I. The said order states that the concerned employee, would not be entitled to get any type
The refusal to accept a transfer does not negate entitlement to a higher pay scale after the requisite service period, especially when the posts are equivalent.
Article 229 of the Constitution of India and the employees and staff members of the District Courts are governed by different rules. In the wake of above, they are entitled to higher grade pay-scale.
The main legal point established in the judgment is the entitlement of the higher pay scale of Rs.2000-3500 for the petitioners based on completion of 9 years of service and the promotional post of C....
The main legal point established in the judgment is the entitlement of employees to a higher pay scale as per the Government Resolution dated 16.08.1994 and the recruitment rules, based on their resp....
Eligibility for promotion and higher grade scales must include all prior service, irrespective of department transfers, highlighting the unconstitutionality of arbitrary restrictions on seniority and....
The main legal point established in the judgment is the entitlement of higher pay scale for Child Development Project Officers based on the 1983 Recruitment Rules and the 16.08.1984 Government Resolu....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
