LAWS(GJH)-2010-3-72

ISHWARBHAI CHUNILAL TRIVEDI Vs. ADMINISTRATOR

Decided On March 31, 2010
ISHWARBHAI CHUNILAL TRIVEDI Appellant
V/S
ADMINISTRATOR Respondents

JUDGEMENT

(1.) Petitioner is a retired employee of the respondent Unjha Nagarpalika. The petitioner seeks correction of what he claims to be an erroneous pay fixation. Briefly stated, case of the petitioner is that though entitled, he was not granted the benefit of higher pay-scale pursuant to Government Resolution dated 16th August 1994.

(2.) The petitioner was appointed as Nakedar in the year 1979 in the pay-scale of Rs.260-450. It is his case that pursuant to the Government Resolution dated 16th August 1994, since he received no promotion for 9 years, he was required to be granted pay-scale of the promotional post. Such benefits were in fact granted to him. However, subsequently, the respondents contending that there was an error in granting such benefits to the petitioner withdrew the benefits and also recovered the difference in salary. The petitioner had approached this Court by filing Special Civil Application No.10313 of 1999 and challenged the action of the respondents. The said petition came to be disposed of by an order dated 7th April 2000 permitting the petitioner to make a representation and directing the respondents to consider the same.

(3.) The petitioner made a representation dated 21.2.2000. The representation was turned down by the impugned communication dated 12.5.2000. In the said decision, it is recorded that the petitioner was granted promotion in the Clerical cadre in the year 1988. He would, thereafter get the benefits of higher pay scale only upon completion of further period of 9 years and on 17.2.97, such benefits were granted to him.