1. The petitioner herein has prayed to declare and hold that the petitioner is entitled to the pay scale of the cadre of Assistant Food and Civil Supplies Controller as the first higher grade scale to the pay scale of the cadre of Deputy Director as the second higher grade scale with all consequential benefits including arrears of pay. The petitioner has also prayed to quash and set aside the impugned order dated 29.06.2009 to the extent it is inconsistent with the claim of the petitioner hereinabove.
2. It is the case of the petitioner that the petitioner had joined the service of the office of Food and Civil Supplies Controller, Ahmedabad on 12.05.1973. The petitioner was thereafter promoted as Supply Inspector on 26.09.1979. It is the case of the petitioner that he is entitled to get the pay scale of the cadre of 'Assistant Food and Civil Supplies Controller- Class II' being the next promotional post and the second higher grade scale of the post of Deputy Director in the Food and Civil Supplies Department.
3. Mr. N.M. Kapadia, learned advocate for the petitioner submitted that the Government of Gujarat adopted the scheme of grant of higher grade scale on completion of nine, eighteen and twenty seven years of service by way of Government Resolution dated 05.07.1991 as amended vide Government Resolution dated 16.08.1994. He submitted that the said scheme is further modified by the government vide Government Resolution dated 02.07.2007 and thereafter it was again amended vide resolution dated 14.09.2007. He submitted that on a conjoint reading of these Government Resolutions, the petitioner ought to have been granted pay scale of the cadre of Assistant Food and Civil Supplies Controller as the first higher grade scale from the due date and that the petitioner ought to have been granted pay scale of the cadre of Deputy Director as the second higher grade scale from the due date.
4. Mr. J.K. Shah, learned AGP appearing for the respondents supported the stand of the respondents and submitted that taking into consideration the letter of the State Government dated 19.05.2009 the order dated 29.06.2009 was passed giving second higher grade scale of Rs. 5500-175- 9000. He submitted that there is no infirmity in the order passed by the respondents.
5. Having heard learned advocates and having gone through the records of the case, this Court is of the opinion that the case of the petitioner deserves consideration. The petitioner joined the service of the respondent on 12.05.1973 as a Clerk and was later on promoted to the post of Supply Inspector on 26.09.1979. Considering the Government Resolutions on record and the order dated 29.06.2009, whereby the petitioner is ordered to be granted higher pay scale of Rs. 5500-175-9000 with effect from 27.09.2003 which is the post of Senior Accountant, the same cannot be sustained. It is the say of the petitioner that there is no post of Senior Accountant so far as the respondent office is concerned and that the employee to the said post is to be drawn from the common cadre from Directorate of Accounts and Treasures. The grant of pay of Senior Accountant/Accountant is not proper since he was granted next promotion as Assistant Food & Civil Supplies Controller- Class II. When the next promotional post is that of Assistant Food & Civil Supplies Controller-Class II, the respondent is not justified in granting pay scale of Senior Accountant/Accountant more particularly when the post does not belong to the department.
5.1 The recruitment on the said post is regulated by the Rules framed by the Government in exercise of powers conferred by the proviso to Article 309 of the Constitution of India. Accordingly, it is mentioned in Rule 1 & 2 that an appointment to the post of Assistant Food and Civil Supplies Controller-Class II, Ahmedabad City shall be made either by promotion of a person of proved merit and efficiency from amongst the persons holding Class-III posts of Chief Supply Inspector, Zonal Officer, Supply Aval Karkun, Supply Inspector or any posts equivalent thereto or identical to the posts mentioned above in the office of the Food and Civil Supplies Controller, Ahmedabad for about five years or by transfer of a person from the cadre of Mamlatdar in the Revenue Department preferably having experience or knowledge of work relating to Food and Civil Supplies or by direct selection. The said post of Assistant Food and Civil Supplies Controller carries the pay scale of RS. 650-1200 (pre revised) which was revised as Rs. 2000-3500 by the Revision of Pay Rules effective from 01.01.1986 and further revised as Rs. 6500- 10500 effective from 01.01.1996. Thus the respondents have wrongly placed the petitioner at the pay scale of Rs. 5500- 9000. Moreover, as per the resolution of the Government, the next promotion is due from 2003 and therefore the petitioner is entitled to second higher grade pay scale of Rs. 6500-10500 from 27.09.2003.
6. In the premises aforesaid, the petitioner shall be entitled to second higher grade pay scale of Rs. 6500-10500 with effect from 27.09.2003 instead of Rs. 5500-9000. The calculations made vide order dated 29.06.2009 shall be changed accordingly. The impugned order dated 29.06.2009 is modified to the aforesaid extent. The arrears of pay shall be paid to the petitioner within a period of three months from the date of receipt of the writ of the order of this Court. Petition is allowed to the aforesaid extent. Direct service is permitted.
(K.S. JHAVERI, J.) Divya//