1. By way of this petition, the petitioner has prayed for the following reliefs:-
"(A) THIS HON'BLE COURT MAY BE PLEASED TO direct the respondents to comply the order dated 15/07/2010 passed in Special Civil Application No. 25884 of 2007 and consider the representation dated 22/02/2007, as directed by this Hon'ble Court.
(B) THIS HON'BLE COURT MAY BE PLEASED TO direct the respondents to consider the representations 03/06/2008, 05/02/2009, 06/03/2009, 28/04/2009, 07/05/2009, 08/08/2009, 06/09/2009, 05/11/2009, 27/10/2010, 27/12/2010, and 22/06/2011 and grant higher pay scale as he is retired on 31/08/2011.
(C) THIS HON'BLE COURT MAY BE PLEASED TO direct the respondents to consider the petitioner for higher pay scale and release the payment of arrears of payment and other retired benefits.
(D) Pending admission, hearing and final disposal of present petition, THIS HON'BLE COURT MAY BE PLEASED TO direct the respondents to comply the order dated 15/07/2007 passed in Special Civil Application No.25884 of 2007 consider the representation dated 22/02/2007, 03/06/2008, 05/02/2009, 06/03/2009, 28/04/2009, 07/05/2009, 08/08/2009, 06/09/2009, 05/11/2009, 27/10/2010, 27/12/2010, and 22/06/2011 for higher pay scale.
(E) THIS HON'BLE COURT MAY BE PLEASED TO award the costs of present petition.
(F) THIS HON'BLE COURT MAY BE PLEASED TO grant such other and further relief/s as may be deemed fit, just and proper in the facts and circumstances of the case, in the interest of justice and equity."
2. This Court vide order dated 16.1.2012 had directed the respondent(s) to file affidavit before this Court on the returnable date explaining why the order dated 15.10.2007 passed in Special Civil Application No.25884 of 2007 was not complied with and was pleased to issue notice returnable on 30.1.2012.
3. However, as no affidavit was filed as per the said order, this Court again vide order dated 30.1.2012 issued further directions as prayed in the said order.
4. Today Ms. Megha Chitaliya, learned AGP has tendered affidavit in reply in compliance with the earlier orders dated 16.1.2012 as well as 30.1.2012 and the same is taken on record. It is stated in the affidavit that taking into consideration the fact that the petitioner was promoted on the post of Forester by order dated 10.3.1998 and thereafter, the file of Confidential Report was not traceable, the case of the petitioner has not been considered for grant of first higher pay scale. It is also averred in the affidavit that the Committee is constituted vide order dated 7.2.2012 for the same, whereby two officers namely Mr. L.N. Jadeja, Deputy Conservator of Forest, East Division, Bhuj is appointed as Chairman of the said Committee and Mr. P.A. Vihol, Deputy Conservator of Forest, West Division, Bhuj is appointed as Member Secretary. It is also stated in the said affidavit that the decision for grant of first higher pay scale shall be taken by the said Committee within a period of two weeks.
5. Mr.
V.A. Mansuri, learned advocate for the petitioner relying upon the averments made in Para 10 of the said affidavit further submitted that as such the grievances raised in the petition are almost redressed. However, this Court while issuing directions on the basis of the averments made in the affidavit may also be pleased to direct the respondent authorities to take a decision as per the statement made in Para 10 and further to take appropriate decision within sometime limit as regards grant of second higher pay scale.
6. Ms.
Megha Chitaliya, learned AGP on instructions from Mr. P.R. Sakarvadia, Assistant Conservator of Forest, Bhuj, who is present in the Court, as identified by Ms. Megha Chitaliya, learned AGP, states that after the decision is taken by the Committee constituted for grant of first higher pay scale to the petitioner within the time so stipulated in the affidavit, the respondents shall take decision for grant of second higher pay scale within a period of three months.
7. In view of the above statement and the averments made in Para 10 of the affidavit in reply dated 16.2.2012, the respondents are directed to take decision on the proposal for grant of first higher pay scale to the petitioner in accordance with law within a period of 15 days from today and as per the statement made on instructions, the respondents are also directed to take decision as regards grant of second higher pay scale to the petitioner latest by 30.05.2012.
8. In view of the above direction, the petition is disposed of. Notice discharged. No order as to cost.
[R.M.CHHAYA, J.] mrpandya Top