JUDGEMENT
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(1.)The petitioner, who has now retired on 31.10.2010, is before this Court being aggrieved by an order passed by respondent No.3 dated 21.01.2003, a copy of which is produced at Annexure-C, whereby respondent No.3 has ordered rectification of the order granting higher pay-scale and consequently the amount which is calculated to have been paid in excess is ordered to be recovered.
(2.)The controversy involved in the matter lies in a very narrow compass. The facts of the case are that the petitioner initially joined as Junior Clerk in District Panchayat, Surendranagar in the year 1972. Later on, he appeared for the recruitment examination for Deputy Chitnis and he was selected and was appointed in the year 1980 as Deputy Chitnis. In light of the scheme of the Government of granting higher pay-scale in the event there is no promotion available to the higher post, in the year 1989, the petitioner was granted pay-scale of Taluka Development Officer (TDO). Later on, by order impugned, that pay-scale of TDO was withdrawn and it was directed that he should be paid only the pay-scale of Deputy TDO.
(3.)Learned Advocate for the petitioner submitted that it is not in dispute that normally, the set-up establishment of District Panchayat is that a person who joins as a Junior Clerk is promoted to the post of Senior Clerk, Senior Clerk is promoted as a Head Clerk and promotion from the post of Head Clerk lies to the post of Deputy Chitnis. But, so far as Deputy Chitnis is concerned, the promotion lies to the post of Deputy TDO and from Deputy TDO, promotion lies to the post of TDO, which is a gazetted post.
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