1. The petitioner herein has challenged the action of the respondent authorities in not granting the petitioner the benefit of Higher Pay Scale on completion of 9 years as per Circular and the Government Resolution issued by the State Government. The petitioner has further prayed to quash and set aside the order dated 08.11.2011 passed by the respondent no. 1.
2. The petitioner came to be appointed as Junior Clerk in the respondent Corporation on 24.09.1979. She was thereafter promoted to the post of Senior Clerk. The petitioner was initially granted benefit of higher grade pay scale on completion of nine years service on 24.09.1988 but the same was withdrawn by the State Government subsequently. The petitioner preferred applications and representations before the concerned authorities for grant of higher pay scale. Being aggrieved by the inaction on the part of the respondent authorities in not granting higher pay scale, the present petition is preferred.
3. Learned advocate appearing for the petitioner submitted that the respondent no. 1 has without considering the detailed representation of the petitioner in its true perspective denied giving the first higher grade pay scale to the petitioner vide order dated 08.11.2011. He has relied upon a decision of this Court dated 12.03.2009 passed in Special Civil Application No. 1446 of 1994 and allied matters as also another decision dated 15.05.2008 passed in Special Civil Application No. 6767 of 2008 to substantiate his contention.
4. Ms.
Amita Shah, learned AGP on the other hand vehemently opposed this petition and submitted that the case of the petitioner does not merit consideration as the stand of the respondent is absolutely as per the rules and policies issued by the Government from time to time. She has drawn attention of this Court to the affidavit in reply filed by the respondents and submitted that the same deals with each and every contention of the petitioner.
5. This court has heard learned advocates for the either side and perused the documents produced on record. It appears from the records, more particularly that the affidavit-in-reply that as per the provision of 3(5) and 3(9) of the Government Resolution bearing no. PGR-1194-44-M dated 16.08.1994 issued by the Finance Department, State of Gujarat for availing benefit of higher grade pay scale, pre service departmental examination is required to be passed and thereafter from the date of the passing of the aforesaid exam the case of the concerned employee shall be considered for higher grade. The petitioner has admittedly passed the aforesaid examination on 15.04.1989 and hence considering the Government Resolution dated 16.08.1994, the respondent is justified in not granting higher grade pay scale as claimed by the petitioner. Pre service examination is a confirmation examination to continue in service for junior clerk and if an employee does not clear the same he shall not be entitled for any promotion. Grant of higher grade pay scale is an alternative to promotion. The view of the respondents is just and proper and does not call for any interference by this court. The decisions relied upon by learned advocate for the petitioner are totally on other facts and do not apply to this case.
6. In the premises aforesaid, petition stands dismissed. No costs.
(K.S.
JHAVERI, J.) Divya// Top