1.0 By way of present petition, the petitioner has prayed for following relief/s:
(A) Be pleased to issue a writ of mandamus or any other appropriate writ, direction or order that the petitioner is entitled to the grade of Rs. 425-800 from 01.01.1973 and the grade of Rs. 200-430 from 01.01.1972;
(B) Be pleased to issue an appropriate writ order or direction to the respondents to grant the similar benefits which are given to the employees who are juniors tot he petitioner (whose names are stated in the order dated 27.10.1988 which is annexed as Annexure E to this petition.
(C) Pending admission and final hearing of this petitioner, the respondents be directed to grant interim benefits which was given to the employees junior to the petitioner by order dated 27.10.1988.(Annexure E).
2.0 The petitioner has retired as Senior Clerk in the office of respondent no.1. By notification dated 26.12.66 employees of old Local Board were merged in the Revenue Department. By order dated 15.04.1966 the petitioner was promoted as Senior Clerk by the D.D.O. Amreli and thereafter by order dated 20.04.1967, the petitioner was promoted and posted as Aval Karkoon.
2.1 By order dated 16.08.1967 the petitioner was transferred from the post of Aval Karkoon to the post of Senior Accounts Clerk in the same Taluka Panchayat, Dhari. By order dated 27.10.1988 juniors to the petitioner were given the pay-scale of Rs. 425-800 with effect from 01.01.1973. On 17.11.1988, the petitioner made an application to respondent No.1 to give him the benefit of order dated 27.10.1988. The respondent by communication dated 16.03.1994, replied to the petitioner that he is not entitled to the benefit as prayed for by application dt. 17.11.1988. Hence, this Petition.
3.0 Learned advocate for the petitioner contended that in view of order dated 27.10.1988 passed by respondent No. 1 at Annexure E, the juniors to the petitioner were given benefits from 01.01.1973 and they were given the pay-scale of Rs. 425-800/-. He contended that the petitioner is entitled to get pay-scale of Rs. 425-800 with effect from 01.01.1973 which is denied.
4.0 Learned advocate for the petitioner further contended that the petitioner was transferred by an order dated 16.08.1967 from Dhari Taluka Panchayat where he was serving as Aval Karkoon to the post of Senior Accounts Clerk, Dhari Taluka Panchayat and the petitioner is entitled to get benefit of order dated 27.10.1988 passed by the respondent No.1.
5.0 Learned Advocate Mr. Munshaw, appearing for the respondent-Panchayat submitted that the petitioner has no case inasmuch as the petitioner was denied promotion to the post of Aval Karkoon on 20/04/1972 due to adverse remarks and that he had refused to accept one promotion on the ground that he was to be transferred to Jafrabad Taluka Panchayat. He submitted that there is no basis for the claim of the petitioner. Affidavit-in-reply has been filed by the respondent No.1 wherein in paras 3, 4 and 5 it is stated as under:
"3.
The respondent No.1 submits that pursuant to resolution dated 06/03/1972 passed by the Government of Gujarat through Panchayat and Housing Department it was slightly modified to Rs. 200-430/- with effect from 01/01/1972 for the cadre of Aval Karkoon and Senior Accounts Clerk. It is stated that there was no change in the cadre of Senior Clerk and a copy of letter dated 26/05/1977 addressed by the respondent No.2 to the Development Commissioner and forwarded to the District Development Officer, Amreli District Panchayat is annexed herewith and marked as Annexure B. In other words, those who were working as Senior Account Clerk and Aval Karkoon on 01/01/1972 were given the benefit of pay scale of Rs. 200-430/-. The respondent No. 1 submits that as the petitioner was working as Senior Clerk on 01/01/1972 he was not granted the benefit. It is submitted that the petitioner through out continued as Senior Clerk till the date of his retirement. It is pertinent to note that the petitioner was denied the promotion to the post of Aval Karkoon on 20/04/1972 due to adverse remarks and when his other colleagues were considered for the same benefit. The respondent No.1 submits that later on he was offered promotion to the post of Aval Karkoon in the year 1981, but he refused to accept the same and perhaps on the ground that he was to be transferred to Jafrabad Taluka Panchayat. The respondent No.1 craves leave to draw kind attention of this Hon'ble Court to the fact that the petitioner was interested in serving at Amreli only and he had throughout served at Amreli in the District Panchayat office as Senior Clerk.
4. In view of the above mentioned facts and circumstances it is clear that as the petitioner was not performing the duties of Senior Clerk ( Accounts) or Aval Karkoon on 01/01/1972 and thereafter he was not placed in the pay scale of Rs. 200/- Rs. 430/- with effect from 01/01/1972 and later on in the pay scale of Rs. 425-800/- with effect from 01/01/1973. It is further stated that in view of this the claim of the petitioner that his juniors were granted the benefit and he was denied the same wrongfully has no bearing.
5. The respondent No.1 most respectfully submits that for such benefits the petitioner herein had made a representation for the first time on 17/11/1988 and a copy thereof is annexed herewith and marked as Annexure C. The respondent No.1 submits that the issue was examined at length and it was turned down on 11-16/03/1994 and a copy of the order is annexed herewith and marked as Annexure D. The respondent No.1 craves leave to state that ll the facts are examined and are on the nothing side of the file."
6.0 Thus, it is found that petitioner was denied the promotion to the post of Aval Karkoon on 20/04/1972 due to adverse remarks and when his other colleagues were considered for the same benefit. Later on he was offered promotion to the post of Aval Karkoon in the year 1981, but he refused to accept the same and perhaps on the ground that he was to be transferred to Jafrabad Taluka Panchayat. It appeared that the petitioner was interested in serving at Amreli only and he had throughout served at Amreli in the District Panchayat office as Senior Clerk. It is also found that the petitioner was not performing the duties of Senior Clerk ( Accounts) or Aval Karkoon as on 01/01/1972 and thereafter he was not placed in the pay scale of Rs. 200- Rs. 430/- with effect from 01/01/1972 and later on in the pay scale of Rs. 425-800/- with effect from 01/01/1973. In view of that the claim of the petitioner that his juniors were granted the benefit and he was denied the same wrongfully has no bearing.
7.0 In the premises aforesaid, I do not find any merits in the petition. The same is therefore dismissed. Rule is discharged with no order as to costs. Interim relief, if any, stands vacated.
(K.S.JHAVERI, J.) niru* Top