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.

ORDER :

(PRANAV TRIVEDI, J.)

1. Heard Mr. Rishabh Acharya, learned advocate on behalf of Ms. Harshal Pandya, learned advocate for the petitioner as well as Ms. Dharitri Pancholi, learned Assistant Government Pleader for the respondent State.

2. The prayers made in the writ petition are as under :

“6. The petitioner respectfully prays that, on the basis of the facts and circumstances as mentioned hereinabove and which may be urged at the time of hearing, the Honourable Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction to the respondent authorities and may be pleased to :-

(A) direct the respondent authorities to grant second higher grade scale of Rs. 8000-14050 to the petitioner from his due date with all consequential benefits including arrears and consequential fixation of pay and pension, and

(B) further be pleased to direct the respondent Board to pay interest on the delayed payment on amount flowing from prayer clause, at the rate which the Honourable Court may consider as just and proper in the facts and circumstances of the case, and

(C) award the cost of this petition, and

(D) pending admission and final disposal of this petition the Honourable Court may be pleased to direct the respondent authorities to take decision with regard to grant of second higher grade scale to the petitioner from his due date, and

(E) pending admission and final disposal of this petition, the Honourable Court may be pleased to direct the respondent authorities to grant the second higher grade scale to the petitioner, and/or

(F) grant any other relief or pass any other order which the Honourable Court may consider as just and proper in the facts and circumstances of the case.”

3. The present writ petition is preferred challenging the action on the part of the respondent authority of not granting second higher grade pay-scale to the petitioner whereas person junior to the petitioner is already granted second higher grade pay-scale.

4. The facts leading to filing of the present petition is that the petitioner joined the services of State Government as a Sub-Auditor, Gr-III on 9.12.1971. On 31.5.1978, the petitioner was promoted as Sub-Treasury Officer, the cadre of Deputy Accountant, Grade-II in the pay-scale of 425-800/-. Thereafter, the petitioner was again promoted as Accountant, Grade-I in the pay-scale of 500-900/- on 2.5.1980. The pay-scale came to be revised as Rs.1640-2900/- with effect from 1.1.1986 pursuant to the 4^th Pay Commission.

5. As per the policy of higher grade pay scale of the State Government contained in Government Resolution dated 16.8.1994, the petitioner had completed 9 years of service in the said cadre on the same pay-scale and therefore, the petitioner was eligible for grant of first higher grade pay-scale of Rs.2000-3500/- with effect from 2.5.1989. The pay-scale of the petitioner on grant of first higher-grade pay scale came to be revised as Rs.6500- 10,500/-.

6. Pursuant to the receiving of first higher grade pay- scale, third promotion was granted to the petitioner to the Post of Junior Assistant Examiner, Class-II on 1.6.1998 on the same pay-scale without any further monetary benefit or change in the pay-scale. This factual aspect is never controverted by the respondent. Pursuant to the third promotion, the petitioner was posted in the Office of District Treasury, Navsari and thereafter was superannuated on 28.2.2007. It was the case of the petitioner that upon completion of another fifteen years of service after receiving first higher grad pay-scale, an employee is entitled to receive second higher grade pay- scale as per the policy of the State Government as envisaged in Government Resolution dated 16.8.1994 as modified vide Government Resolution dated 2.7.2007. It was the case of the petitioner that despite rendering service of another fifteen years after receiving first higher grade pay-scale, petitioner became entitled to benefit of second higher grade pay-scale with effect