KANCHANBEN PRAVINCHANDRA DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present petition, the petitioner has prayed for following relief/s:

(2.) THE facts of the case in brief are that the petitioner was recruited as Junior Clerk on 20.05.1966 in the pay scale of Rs. 130-240. THE petitioner was promoted to the post of Senior Clerk on 01.04.1971 in the pay scale of Rs. 200-330. THEreafter, the petitioner was promoted to the post of Mines Supervisor on 05.05.1987 in the pay scale of Rs.1320-2040. Since 01.01.1973, the selection grade of the junior clerk is revised and the same is then refixed at Rs. 350-500. As against that the regular scale of Senior Clerk is Rs. 330-560 and selection grade of the Senior Clerk cadre is Rs. 425-640. THE persons who are not accepting the promotion/higher post are getting benefits higher than the persons who are holding the higher post. THE petitioner has made several representations but no actions were taken and therefore, the petitioner has preferred the present petition.

(3.) IT is submitted that juniors of the petitioners who were not given the promotion in the post of Mines Supervisor and who continued to hold the post of Senior Clerk are drawing higher salary and the names of persons are Shri B.T. Joshi, S.C. Nayak, A.V. Parekh, Kum. B.M. Mehta, Shri Atul B. Patel. According to the petitioner, all the aforesaid five persons are junior to the petitioner and from 01.05.1987 each one is drawing higher salary because the said five persons have been given the selection grade of Rs. 1400-2600. IT is further submitted that there are other candidates in the Department viz., Shri P.A. Patel, D.V. Kulkarni, M.J. Chauhan and C.K Kureshi who are holding the post of Junior Clerk, Quarry Clerk, and Naka Clerk and had joined duties in the Department after the petitioner and way back in March 1971. They all were drawing less salary than the petitioner upto 1973 and till coming into operation of the D.D. Desai pay commission, they were drawing less salary but from 01.03.1973 each of the aforesaid persons have started drawing more salary because of the effect of the new selection grade of the post of Junior Clerk. Though, from 01.01.1973, the petitioner has been promoted to the post of Senior Clerk, no real benefit is given to the petitioner and in comparison to the aforesaid persons, the petitioner is drawing less salary and that causes lot of mental torture and agony and that also affects the efficiency of the individual.