1. Heard learned advocate Mr.Majmudar appearing for the applicant.
2. The applicant is original petitioner in Special Civil Application No.4086 of 2010.
3. In present application, the applicant has prayed for below mentioned relief:
"3B. Be pleased to permit the applicant to make representation before the concerned opponent authorities for grant of higher pay scale of Rs.14300-18300 by taking into consideration the G.R. dated 10.5.2011 whereby other similarly situated Medical Officers have been extended the benefit of higher pay scale of Rs.14300-18300 and appropriate directions be issued upon the concerned opponent authorities to take appropriate decision upon the representation that may be made by the applicant in view of the G.R. dated 10.5.2011 and the aforementioned petition may be disposed of accordingly."
4. Since the petitioner was being denied higher pay scale, the petitioner preferred the said writ petition being Special Civil Application No.4086 of 2010.
5. The petition came to be admitted vide order dated 06/04/2010. In the said petition, the applicant petitioner has prayed for below mentioned relief:
"13(B) issue appropriate writ, order or direction and be pleased to quash and set aside the Government Resolution dated 11/7/2008 as the same is contrary to the Statutory rules which have been annexed and it clearly provides the pay scale of 14300-18300 in respect of the cadre of Chief district Medical Officer, and therefore, the resolution dated 11/7/2008 be set aside.
13(C) issue appropriate writ, order or direction and be pleased to quash and set aside the communication/G.R. Dated 28th February, 2009 to the extent that the respondents have granted pay scale of 12000-16500 to the petitioner (despite the petitioner was required to be granted Pay scale of 14300-18300) and therefore, to the aforesaid extent the said communication be quashed and further be pleased to hold that in view of the order dated 12/8/2008 passed in case of Dr.V.G.Chandarana Class-I Medical Officer, petitioner would be entitled to get the pay scale of 14300-18300 from the period of completion of 6 years of services as per the order dated 28th February, 2009 and therefore, suitable directions be issued upon the respondents authorities to grant pay scale of 14300-18300 to the petitioner."
6. Now, the applicant petitioner has come forward with a case that similarly situated persons who have not filed any petition or other proceedings, have been granted benefit of higher pay scale Rs.14,300/- to Rs.18,500/-. However, applicant petitioner is denied said benefit only because of the pendency of main petition.
7. Learned counsel for the applicant petitioner submitted that the applicant petitioner is ready and willing to withdraw the petition if the respondent authority considers petitioner's case on similar lines as has been done in case of other similar situated persons.
8. Learned counsel for the applicant petitioner further submitted that the applicant petitioner would make necessary and appropriate written representation for such purpose so that the case of the applicant petitioner can be considered on an early date.
9. Having regard to the request and submissions made by learned counsel for the applicant petitioner and having regard to the facts and circumstances as well as grievance made in the petition, the request made by learned counsel for the applicant appears justified. Therefore, below mentioned order is passed:
9.1. The applicant is permitted to withdraw the petition at this stage. The withdrawal of the petition is without prejudice to the rights and claims of the applicant petitioner and with a view to facilitate in the consideration of the representation which the applicant petitioner proposes to make.
9.2. The applicant petitioner is also permitted to make written request-representation to the competent authority of the respondent seeking similar relief and benefit as has been granted to other similarly situated persons.
9.3. The applicant petitioner may make such representation within two weeks from today. If and when such representation is received by the competent authority of respondent, the competent authority will take it up for consideration and for making appropriate orders, on the same line as in case of other similarly situated persons.
9.4. Appropriate decision shall be taken within four weeks from receipt of representation and the same shall be conveyed to the petitioner.
9.5. If, for any reason, the authority takes decision against the applicant petitioner and/or takes a decision different from the decision taken with reference to other similarly situated persons, then the competent authority shall record reasons for such and such reasoned order shall be forwarded to the applicant petitioner. In the event the representation is not decided within time limit mentioned in this order or if the representation is rejected, it will be open for the applicant petitioner to take out appropriate proceedings and withdrawal of present petition shall not stand in way of present applicant petitioner.
10. In view of above clarification and direction, the application stands disposed of.
(K.M.THAKER, J.) (ila) Top