By way of this petition, the petitioner has prayed for following prayers:- “(A) Your Lordship be pleased to issue a mandamus or direction or set aside the arbitrary action and issue suitable direction against the present respondent after seeing the validity and legality if any committed by the respondents while not extended his retirement dated as asked for, and while not awarding him Higher grade i.e. 9-18-27 as asked for same is i.e. arbitrary action deserves to be set aside after giving a weight annexed 'A' 'B' and annex.'E' in the interest of justice and suitable direction if any please be issue in favour of the present petitioner and against the respondent with regard to awarded to him monetary benefits with regard to granting Higher Grade i.e. 9- 18-27, and by way of retirement benefits i.e. P.F., Gratuity, etc. be pleased to release forthwith.
(B) Your Lordship be pleased to issue a suitable direction or mandamus after giving a weight on Annx. 'A' 25.06.2010 and 'B' 28.06.2010 and after set aside the unjust action please be declared arbitrary action if any taken by the respondents under Article 14 and 226 of Constitution of India and please monetary benefits if any available to him may be granted under Art. 19(1) (g) of the Constitution of India after set aside the impugned action wherein he was unnecessarily disturbed malafidely, or if in any reason he was not considered for Higher Grade i.e. 9-18-27 he may be awarded monetary benefits by way of sanctioning project if any submitted by him and loan if any available to him may be granted after looking the scheme of the Act and Rules as asked for.
(C) Pending hearing and final disposal of this petition Your Lordships may be granted ad-interim relief by way awarding him monetary benefits available arising under the benefits of Higher Grade in terms of money i.e. 9-18-27, in the interest of justice after giving weigh on Annex.'C' 'D'.“ (2) Pursuant to the notice issued by this Court, Respondent No.2 filed counter affidavit, wherein, it is stated as under in para 8 and 9 of the affidavit in reply:-
“8. The narration of petitioner is incorrect. For granting higher scale, the State Government has made provisions by way of resolution which need to be followed by all the Depts. Also, to qualify for higher grade, there is laid down condition to clear Departmental Examination in stipulated number of attempts and on failure of stipulated attempts; the benefit is due only from the date of passing the Departmental Examination. In the present case, the petitioner has failed to pass the Department Examination till the date of his retirement i.e. 01.07.2010. Therefore, the petitioner could not avail the benefit of higher pay scale even when the examination conducted for more than 17 occasions, which is a failure on the part of the petitioner.
9. As explained in para-7, the benefit of higher pay scale or higher grade promotion goes to an employee if he passes the Departmental Examination. The appearance of an official in to the seniority list does not establish the right of promotion even when he is senior of junior.”
petitioner is not entitled for any relief.
4. The present petition stands dismissed. Notice is discharged.
(K.S.Jhaveri, J.) sid/-