JUDGEMENT
-
(1.)THE petitioner of S.C.A. No. 1482 of 2000 has prayed for following reliefs:
[A] Quash and set aside the order of the respondentBoard dt. 17.4.1999 (AnnexureA to this petition), and [AA] Quash and set aside the order passed by the respondent Board dated 11.11.1998, (Annexure J to this petition), and [B] Quash and set aside the circular of the Government of Gujarat, Finance Department dt. 4.2.1992, (Annexure F to this petition), and [C] grant all consequential benefits to the petitioner, and [D] Grant any other and further relief which the Honourable Court may consider as just and proper in the facts and circumstances of the case, and Pending admission and final disposal of this petition, the Honourable Court may be pleased to : [E] Stay the implementation and operation of the impugned order dated 17.4.1999 (AnnexureA to this petition), and/or, [F] xxx [G] xxx"
(2.)THE petitioner of S.C.A. No. 11305 of 2003, has prayed for following reliefs:
[A] Quash and set aside the order of the respondentBoard dt. 17.4.1999 (AnnexureA to this petition), and [AA] Quash and set aside the decision of the respondent authorities of withdrawing the pay scale of Rs.16402900 from the petitioner, and [B] Quash and set aside the order dated 8.9.2000, Annexure H to this petition), and [C] direct the respondents to grant all consequential benefits to the petitioner, and [D] award the cost of the petition, and [E] grant any other relief which the Honourable Court may consider as just and proper in the facts and circumstances of the case, and [F] Pending admission and final disposal of this petition, the Honourable Court may be pleased to direct the respondent to refund to the amount of Rs.13,490/ recovered from the petitioner, pursuant to the impugned order dated 8.9.2000, and/ or [G] xxx
The short facts leading to filing of the S.C.A. No.1482 of 200 are that the petitioner was appointed as Stenographer GradeII in the respondentBoard in the pay scale of Rs.14002600/. In the year
1991 the Government of Gujarat amended the Gujarat Civil Services (Revision of Pay) Rule, 1987, for its employees, which was made
effective from 01.01.1986, to the extent that the employees working in
the cadre of Stenographer gradeII, who were given the revision of pay
as Rs.14002600 against prerevised pay scale of Rs.475800 will be
given the pay scale of Rs.16402900, instead of Rs.14002600 from
01.01.1986.
3.1. In pursuance of the said amendment the respondent Board also amended the pay scale for the cadre of Stenographer gradeII from Rs.14002600 to Rs.16402900 and on that basis the pay scale of the petitioner was fixed in the pay scale of Rs.16402900/. However, the Government of Gujarat, Finance Department, issued a Circular dated 4.2.1992, whereby it has been mentioned that the pay scale of Rs.16402900 was applicable only to the Stenographer working in the Secretariat not to the Stenographers who are working with the Boards and Corporations of the Government. Against the said Circular, the employees of the respondentBoard made representations from time to time to the State Government. It is the case of the petitioner that in the meantime, the petitioner had completed nine years of service as Stenographer GradeII and thus, was entitled for the higher pay scale as per the Scheme of the Government and accordingly as against the pay scale of Rs.16402900, higher pay scale of Rs.20003500 was given to the petitioner. The pay scale of the petitioner is fixed in the pay scale of Rs.55509000/ pursuant to the revision of pay. 3.2. On 17.4.1999, the respondentBoard passed an order, whereby it has been stated that the pay scale of Rs.16402900/ given to the petitioner as Stenographer GradeII, since his initial date of appointment, is withdrawn and the petitioner will be deemed to be in the pay scale of Rs.14002600/. Consequential recovery is also ordered. Being aggrieved by the action of the respondentBoard, S.C.A. No. 1482 of 2000 has been preferred by the petitioner.
(3.)THE short facts leading to filing of S.C.A. No.11305 of 2003 are that the petitioner was appointed as Stenographer Grade IIIcumTelex Operator in the respondentworkman. In the year 1994,
the petitioner was promoted as Stenographer GradeII in the pay
scale of Rs.14002600/. Since other persons in the same cadre were
getting the pay scale of Rs.16402900/, the petitioner made
representation to the respondentauthority to also grant him the
same benefit. On 23.6.1995, the pay scale of the petitioner was fixed
in the pay scale of Rs.16402900/. However, on 8.9.2000, the pay scale
of the petitioner was withdrawn and consequential recovery is also
made from the pay scale of the petitioner. Hence, this petition.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.