1. This petition has been filed for issuance of appropriate direction to the respondent to grant benefit of annual increments to the petitioner from the year 1994 and higher grade pay-scale from the year 1991 and the benefit of due dates and to pay her the arrears with 12% interest per annum.
2. The facts in brief are that the petitioner herein was appointed as Gujarati Stenographer, Grade-III in the respondent-Board in the pay-scale of Rs.350 – Rs.500 vide order dated 04.05.1982. By order dated 13/25.05.1983, the petitioner was made permanent on the said post on completion of the period of probation. Thereafter, her pay was fixed in the pay-scale of Rs.1200 – Rs.2040 by order dated 08.10.1987 with effect from 01.01.1986. Pursuant to the implementation of the Fifth Pay Commission, the pay-scale of Rs.1200 – Rs.2040 was revised to Rs.4000 – Rs.6000. Accordingly, by order dated 02.11.1998, the pay of the petitioner was fixed at Rs.4,800/- as on 01.01.1996. This fixation was done on the basis of Pay of Rs.1,560/- of the petitioner, which was prevailing as on 01.09.1993, in the pre-revised pay-scale.
3. It is the case of the petitioner that thereafter she was not given Increments which fell due from 01.09.1994 though there was a Scheme of the State Government dated 16.08.1994 of giving higher grade pay-scale in order to remove the stagnation of pay. As per the Scheme dated 16.08.1994, the petitioner is entitled to the higher grade pay-scale of the promotional post on completion of 09 years' of service from the date of appointment, which fell due on 05.05.1991 in the case of the petitioner. However, she was not paid the said benefit. The petitioner made several representations to the respondent in this regard. However, she did not receive any positive response. Being aggrieved by the same, the present petition has been preferred.
4. Heard learned counsel for the respective parties. It appears from the record that the petitioner resumed her duties with the respondent-Board on 05.05.1982. The petitioner has produced a copy of the Government Resolution dated 16.08.1994 according to which the petitioner is entitled is entitled for the higher grade pay- scale of the promotional post on completion of nine years' of service from the date of appointment. The said Government Resolution has been made applicable to employees of the respondent-Board by Resolution dated 08.09.1993. Therefore, there is no dispute about the fact that the petitioner is entitled for the benefit of higher grade pay-scale of the promotional post in view of the Government Resolution dated 16.08.1994.
5. The main ground on which the respondent-Board denied the benefit of G.R. dated 16.08.1994 to the petitioner is that the petitioner was imposed with some penalty in the year 2004. In my opinion, the same will not have any bearing to the facts of the present case since the petitioner became entitled for the benefit of higher grade pay-scale on 05.05.1991 whereas, the alleged punishment was of a subsequent date, i.e. of the year 2004. Therefore, the petitioner is entitled to get benefit of G.R. dated 16.08.1994. However, interest as prayed for by the petitioner cannot be granted in this proceedings.
6. In view of the above, the petition is allowed. The respondent-Board is directed to grant the benefit of higher grade pay-scale to the petitioner with effect from 01st June 1992 and all other consequential benefits, including revision of pay-scale, if she was in service at the time of implementation of the Sixth Pay Commission. The monetary benefits arising from this judgment shall be paid to the petitioner within a period of SIX MONTHS from the date of receipt of writ of this order. It appears that by an order dated 21.03.2003 passed in M.C.A. No.392/2003 filed in C.A. No.606/2002, which was filed in the captioned petition, the petitioner was granted some interim reliefs. Therefore, while releasing monetary benefits arising out of this judgment, the order dated 21.03.2003 passed in M.C.A. No.392/2003 shall be considered. With the above directions, the petition stands disposed of. Rule is made absolute to the above extent with no order as to costs.
[K. S. JHAVERI, J.] Pravin/*