1. By way of this petition, the petitioner has prayed for the following reliefs:-
"A) Directing the respondents to implement the orders dt. 1.9.2007 and dt. 10.9.2007 and further grant the benefit of second higher pay scale w.e.f. 1.2.2009 and fix his pay accordingly and grant arrears with 8% interest.
B) Directing the respondents to grant the benefit of second higher grade scale to the petitioner w.e.f. 1.2.2009 and fix his pay accordingly and grant the arrears with 8% interest.
C) During the pendency and final disposal of the petition, the Respondents may be directed to grant first higher grade scale in accordance with the orders dt. 1.9.2007 and 10.9.2007.
D) To grant such and further relief as may be deemed fit and proper."
2. The facts that emerge from the record of the petition are that the petitioner was appointed as Extension Officer (Industry) on 1.2.1985 after his selection in accordance with law. It appears that the petitioner came to be promoted to the post of Taluka Development Officer on 18.9.2010 after the petitioner cleared the requisite departmental examination held in the year 2009.
3. It transpires that the petitioner along with other similarly situated persons have filed a writ petition being Special Civil Application No.6851 of 2009 which came to be disposed of by this Court (Coram : M.R. Shah, J.) vide order dated 21.7.2009. It appears that pursuant to the said order, the authorities processed the case of the petitioner for giving benefit of second higher pay scale. The District Development Officer, Ahmedabad by communication dated 7.7.2011 forwarded the proposal.
4. In view of that, nothing was done till the petition was filed. It was contended by Mr. Supehia, learned advocate for the petitioner that in fact the petitioner has filed this petition for implementation of the order (Yadi) dated 1.9.2007 (Annexure-A to the petition).
5. It appears from the record that pursuant to the order dated 16.12.2011 passed by this Court (Coram: Anant S. Dave, J.), the Government cancelled the earlier Yadi by an order dated 31.1.2012. Copy of the said order came to be tendered by Ms. Megha Chitaliya, learned AGP on 1.2.2012. Today, the learned AGP has tendered another communication dated 22.2.2012 addressed to the District Development Officer, Gujarat State by the Deputy Secretary, Panchayat, Rural Housing and Rural Development Department of State of Gujarat informing that the petitioner to be granted benefits of the second higher grade scale on his completion of 24 years and it is also stated that from 1.2.2009, the petitioner would be entitled to pay band of Rs.9300-34800 plus grade pay of Rs.4,600/- on three conditions enumerated in the said communication dated 22.2.2012. A photocopy of the said communication is also taken on record.
6. Considering the above development pending hearing of this petition, the prayers prayed for in the petition stands answered. However, the respondents are directed to implement this order as early as possible not later than 31.3.2012 giving effect to the communication dated 22.2.2012. In case if the petitioner is aggrieved by the said decision taken by the respondents, it would be open for the petitioner to take appropriate remedy.
7. With these observations, the petition is disposed of. Notice discharged. No order as to cost.
[R.M.CHHAYA, J.] mrpandya Top