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.

JUDGMENT :

Heard learned advocate Ms.Harshal Pandya for the petitioner, learned Assistant Government Pleader Mr.Sanjay Udhwani for the respondent State and learned advocate Ms.Sejal Mandavia for the respondent No.3 - Gujarat Maritime Board.

2. By filing the present petition under Article 226 of the Constitution of the Constitution, the petitioner has prayed to hold and declare that the petitioner is entitled to get second higher grade scale upon completion of 15 years of service from the date of receipt of the first higher grade in view of policy Resolution of the State Government. It is prayed to direct the authorities to grant the second higher grade of Rs.9300-34800, with grade pay Rs.4400, from the date it became payable with consequential benefits with interest.

3. The petitioner was appointed as Junior Clerk under the Gujarat Maritime Board- respondent No.1 herein on 19.2.1981 by order dated 2.2.1981. His pay scale was Rs.260-400. By order dated 2.1.1984, he was ordered to be continued on long term basis with effect from 9.3.1982. He thereafter was promoted as Senior Clerk in the pay scale of Rs.330-560 on 15.12.1983. The said pay scale was revised to Rs.950-1500 as per the 4th Pay Commission recommendation.

3.1 The petitioner failed to pass the pre-service training examination within the stipulated chances, therefore came to be demoted to his original post of Junior Clerk on 6.2.1984 in the original pay scale of Rs.260-400. Thereafter the petitioner was again promoted on 6.10.1988 as Senior Clerk on the supernumerary post in the pay scale of Rs.1200-2400. Entry in the service book was recorded to that effect.

3.2 It is the case of the petitioner that he completed 9 years of service in the same cadre in the same pay scale, counted from the date of repromotion as Senior Clerk. In view of completion of 9 years of service in the same cadre, as per the policy prevalent for the grant of higher pay scale, the petitioner was granted the first higher pay scale of Rs.1400-2600 with effect from 6.10.1997 of the next promotional post that is Head Clerk. This was done by order dated 26.12.1997. The pay scale of Rs.1400-2600 was revised to Rs.5000-8000 and again to Rs.9300-34800 with grade pay of Rs.4200 as per the 5th and 6th Pay Commission with effect from 1.1.1996 and 1.1.2006 respectively.

3.3 It may be stated that respondent Board started to recover the amount in the year 2004, which was received by the petitioner upon grant of deemed date for promotion. However, the said orders came to be set aside by this court, in the Special Civil Application No.1980 of 2005 and allied petitions filed by the petitioners, as per the judgment dated 24.12.2013, which became final. By office order dated 17.5.2014, the order of the court was implemented.

3.4 Once the employee receives first higher grade scale after completion of another 15 years, the employee becomes entitle to receive second higher grade scale as per the scheme for grant of higher grade scale as modified from Resolution dated 16.8.1994 to new scheme as per Resolution dated 2.7.2007. The Port and Transport Department of the State Government passed Resolution dated 17.12.2009 whereby the new scheme for higher grade scale envisages in Government Resolution dated 2.7.2007 was adopted. The higher scale benefit therein was granted to the employees of the Gujarat Maritime Board. The scheme of higher grade scale was further modified by Resolution dated 18.2.2011. In view of the modified policy, the Gujarat Maritime Board passed Circular dated 11.8.2011 instructing all the subordinate offices to prepare proposal in case of those who became entitled to receive higher grade to be sent to the Head Office.

3.5 It appears that correspondence ensue