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N. V. ANJARIA
Mohanbhai Dudabhai Vadhiyari – Appellant
Versus
Gujarat Maritime Board Through Chief Executive Officer – Respondent
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
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.
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.
Completion of service in the respective cadre is essential for entitlement to higher grade pay scales as per the Government Resolution.
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.
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....
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