- (1.)Heard learned Advocate Mr. Bhavyaraj Gohil for learned Advocate Mr. A.J. Yagnik on behalf of the petitioner and learned Advocate Ms.Trusha Patel on behalf of the respondent.
(2.)By way of this petition the petitioner challenges the action on part of the respondent of not granting the 2 nd Higher Grade Pay Scale to the petitioner from 1/3/2006 and to pay arrears for late payment with appropriate interest.
(3.)Briefly stated the facts leading to filing of this petition being that the petitioner was originally appointed as a Sec. Writer on 1/3/1982, and later on posted in equivalent pay scale as a Junior Clerk with effect from 1/7/1982. It appears that the petitioner had passed his lower standard examination on 25/9/1984 and higher standard examination on 22/7/2008. It also appears that in the interregnum the petitioner was promoted to the post of Superintendent on 5/3/2009. Furthermore consequent to passing of the higher standard examination, the petitioner was granted 1 st Higher Grade Pay Scale vide order dtd. 3/3/2009 with effect from 22/7/2008 i.e. from the date of passing of the higher standard examination. The petitioner had initially requested the respondents for grant of 1 st and 2nd Higher Grade Pay Scale vide his representation dtd. 11/3/2011 and the same came to be rejected vide an order dtd. 11/11/2011 and whereas being aggrieved by the same, the petitioner had preferred writ petition before this Court being Special Civil Application No. 4321 of 2012. It appears that learned Coordinate Bench of this Court vide order dtd. 4/5/2012 had been pleased to set aside the impugned order dtd. 11/11/2011 and whereas the case was remitted back to the competent authority to take necessary decision and pass appropriate orders within ten weeks from date of receipt of the order. It appears that consequent to such order being passed by this Court, the petitioner had again submitted a representation on 7/6/2012 and whereas ultimately vide impugned order dtd. 20/7/2012, the request of the petitioner for grant of 1st and 2nd Higher Grade Pay Scale, had been rejected.