GK PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner was working on the post of Lecturer of Electrical Engineering Class - II in Government Polytechnic in the pay scale of Rs.2200-4000 from 2.7.1994. In May 1995 upon Gujarat Public Service Commission inviting application for recruitment to the post of Junior Assistant Electrical Inspector Class-II, the petitioner made an application and came to be selected after undergoing selection procedure. He was recommended for being appointed by the GPSC to the Government of Gujarat. The petitioner came to be appointed on the post of Junior Assistant, Electrical Inspector Class - II by order dated 29.3.1997 and he joined the new assignment on 8.7.1997. The petitioner underwent and completed the period of probation satisfactorily in September 1999. The petitioner asked for his pay protection at the time of joining the service Junior Assistant Electrical Inspector Class - II after taking into consideration his earlier services. The said request came to be denied and hence this petition.

(2.) Heard learned advocate Mr.Upadhyay for the petitioner and learned AGP Mr.Niraj Pathak for the respondent authorities.

(3.) Learned advocate Mr.Upadhyay relied on Rule 41 of Bombay Civil Services Rules. He has drawn attention of this Court to Circular dated 17.6.1994 which says that pay protection cannot be granted if the new incumbent is on lower pay scale. He submitted that this runs contrary to Note 8 of Rule 41 of BCSR. He submitted that the petition may therefore be allowed.