1. By way of this petition, the petitioner has mainly prayed before this Hon'ble Court to quash and set aside the decision dated 20.10.2008, directing the respondent to release monetary benefit for the period from 17.04.1965 to 18.08.1980 with consequential monetary benefit with interest at the rate of 9%.
2. The petitioner was appointed as Assistant Sanchalak vide order dated 31.031959 of Secretary and Backward Class Officer, in erstwhile Saurashtra State. He joined on 05.05.1959. After reorganization of States, and State of Gujarat having been organized and came into existence, the government servant serving prior to reorganization were allocated to State of Gujarat and thereby the petitioner belonging to backward class board of erstwhile Saurashtra State were allocated to different departments in the State and the petitioner alongwith other was allocated to the service of Panchayat services vide order dated 18/29-9-2005. The seniority of the petitioner was given from time to time and he was also granted deemed date promotion with effect from 17.04.1965, as a senior clerk vice Shri N.N.Bhatt who was junior to the petitioner and therefore the said deemed dated was granted from 17.04.1965 and therefore the petitioner was entitled to the fixation of pay with monetary benefits. The seniority list was published by Director Social Welfare Gujarat State Ahmedabad, Respondent No.2 on 22.04.1982 showing the situation as on 01.05.1960 of Class III and Class IV on the basis of resolution published by Maharahstra State wherein the name of petitioner is at Serial No.131 and thereafter other seniority list was published by respondent No.2 vide 04.08.1992 showing the situation from 01.05.1960 to 01.01.1992, in which the petitioner is at Serial No.141 and therein remarks column it is mentioned that th epe was allocated to District Panchayat Surendranagar from 30.03.1963.
3. An employee Shri N.N. Bhatt, who was junior to the petitioner, was promoted as Senior Clerk from 17.04.1965 and therefore, the petitioner was also granted deemed date with effect from 17.04.1965 with promotion vice Shri N.N.Bhatt. The inter-se seniority was determined from time to time by the respondents. Accordingly, a seniority list was fixed vide 04.08.1992 with effect from 01.05.1960 to 01.01.1991 wherein he is shown at Sr. No.141. Though, the petitioner was granted deemed date promotion, but after his retirement in 1997, when his fixation of pay was finalized and order dated 20.10.2008 was passed by District Welfare Officer, issued order wherein, the petitioner was shown to have been granted deemed date, but also clarified that he would not be entitled to monetary benefit from 01.09.1965 to 1980. The period during which, he was also granted promotion with deemed date.
4. The petitioner has approached before the Lok Adalat vide application dated 22.09.2009, in which the respondents would finalize the claim by respondent and ultimately vide letter dated22.02.2011 Lok Adalat directed the respondents to properly dispose off the demand after necessary action. The same was not done by the respondents and the petitioner had issued a notice dated 01.02.2011 through his advocate. The respondents adhere to their original action and had directed the petitioner to approach competent authority by preferring an appeal. Thereafter, the petitioner has approached the High Court by this petition.
5. The case of the petitioner was considered by the respondent and by order dated 20.10.2008, the authority has considered the petitioner to be in services w.e.f. 1963 and taking into consideration the Government Resolution passed a detailed order on 20.10.2008 while releasing his annual increments and other benefits.
6. The petitioner was absorbed as Panchayat Servant of Surendranagar District Panchayat in the cadre of Junior Clerk with effect from 01.04.1963 and was given a promotion to the post of Senior Clerk with deemed date of 17.04.1965 and a further promotion to the cadre of Deputy Chitnis with a deemed date of 06.10.1979. Considering the deem date of 06.10.1979 as a date of promotion to the post of Deputy Chitnis it was further decided to release the benefit of First Higher Pay Scale to the petitioner with effect from 06.10.1988 and accordingly he was fixed in the pay scale of Rs.1640-2099. Thereafter, the District Social Welfare Officer, Surendranagar District Panchayat passed another order dated 20.10.2008. The said order came to be challenged on 08.10.2011.
7. In view of the decision of the Supreme Court in case of Shiv Das v. Union of India and Ors. Reported in AIR 2007 (SC) 1330, the claim of the petitioner is hopelessly time barred and deserves to be dismissed. The petition is devoid of any merits and hence, the same is dismissed.
[K S JHAVERI, J] Ankit* Top