1. Heard learned advocate Mr.Siddharth H. Dave for petitioner, learned advocate Mr.Munshaw for respondent No.1 and learned AGP Mr.A.L.Sharma for respondent No.3.
2. In this matter, notice has been issued by this Court on 4.8.2010, making it returnable on 1.9.2010. Affidavit-in-reply is filed by respondent No.1 (Page-52). Along with that affidavit-in-reply, certain documents are placed on record by respondent No.1. A request made by petitioner for granting higher grade benefits as per GR w.e.f. 12.2.1984 first grade and second higher grade w.e.f. 11.2.1999 has been rejected by respondents.
3. Learned advocate Mr.Dave for petitioner has relied upon a decision of this Court passed in SCA No.6767/2008 dated 15.5.2008 and another decision on the same issue rendered in SCA No.5857/2008 dated 3.7.2008 and submitted that resolution relied by respondents dated 15.7.2004 has been set aside and cancelled by another recent Resolution dated 12.8.2010. Copy thereof is supplied to learned advocate Mr.Munshaw and xerox copy of same is taken on record.
3.1 He also submitted that considering subsequent resolution dated 12.8.2010, respondent authorities has considered case of one Shri R.V.Thakore, Kasba Talati, Tharad and accordingly, benefits have been extended and deemed date has been given in stead of 16.9.2000 to 20.5.1995 in the first higher grade. He further submitted that TDO, Tharad, District - Banaskantha has addressed a letter to Dy. District Development Officer dated 25.11.2010 where instruction has been issued and also request is made to re-consider the case of petitioner for revise first and second higher grade w.e.f. 12.2.1984 and 11.2.1999. In response to aforesaid letter dated 25.11.2010 till date, no decision is taken by DDO because of pendency of present petition before this Court.
4. In light of this background and considering the aforesaid orders which have been passed by respondents in favour of Shri R.V.Thakore, Kasba Talati, Tharad and also considering letter dated 25.11.2010 of TDO, Tharad, Banaskantha addressed to Dy. District Development Officer, District Panchayat, Banaskantha and also considering GR dated 12.8.2010 where earlier resolution of General Administrative Department dated 15.7.2004 has been cancelled. Let this entire matter may be re-considered by respondents and also to examine as to whether petitioner is entitled first higher grade w.e.f. 12.2.1984 and second higher grade w.e.f. 11.2.1999 while keeping in mind his total length of service rendered by petitioner in the respondent department irrespective of transfer made by respondents by petitioner.
4.1 It is further directed to respondents to re-consider and examine the issue which has been directed by this Court in respect of petitioner as early as possible, within a period of two months from date of receiving copy of present order and thereafter, to communicate decision to petitioner immediately.
5. In case if ultimate decision which will be taken by petitioner is adverse to petitioner, it is open for petitioner to challenge the same before appropriate forum in accordance with law. However, present petition is disposed of by this Court without expressing any opinion on merits. Direct service is permitted.
6. It is further directed to respondents to consider decision of this Court rendered in SCA 6767/2008 dated 15.5.2008 and also another decision of this Court rendered in SCA No.5857/2008 dated 3.7.2008.
6.1 Let petitioner may supply copy of aforesaid both orders to respondents immediately within a period of one week from date of receiving copy of present order.
[ H.K.RATHOD, J. ] (vipul) Top