(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. The appellant has invoked Clause 15 of the Letters Patent for calling into question order dated 18.01.2012 of learned single Judge of this Court in SCA No.129 of 2012 wherein the appellant had challenged order dated 17.11.2011 of learned District Judge, Jamnagar. By that order, the petitioner's demand for higher grade pay scale was rejected after calling for record from the office of Inspector, Local Funds of the District.
2. There is no dispute about the facts that the appellant was appointed on 08.9.1970 as a Section Writer and posted as a Clerk in that year. Thereafter, he was granted selection grade on 01.03.1982 and regularly promoted on 18.9.1986 to the post of Senior Clerk. Thereafter, he was promoted as Head Clerk/Deputy Registrar on 31.03.2001 and he retired on reaching the age of superannuation on 31.01.2007. The appellant approached this Court with the prayer to set aside the aforesaid order rejecting the request for grant of first higher grade pay scale from 18.09.1995 and his petition was rejected on the basis that he had exercised his option in the year 1994 and 17 years thereafter he had preferred the application for higher grade only on the ground of discrimination, which was not substantiated. Even otherwise, the appellant having had the benefit of two promotions, the rules for granting higher grade did not apply in his case. Therefore, there is no reason to take a different view from the one taken in the impugned order. The appeal is summarily dismissed. Civil Application stands disposed in view of disposal of the appeal.
Sd/-
( D.H.Waghela, J.) Sd/-
( Mohinder Pal, J.) (KMG Thilake) Top