Gujarat High Court
Keshubhai Vashrambhai Bhuva vs Gujarat Maritime Board on 16 January, 2020
Author: Biren Vaishnav
Bench: Biren Vaishnav
C/SCA/10318/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10318 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 10320 of 2018
==========================================================
KESHUBHAI VASHRAMBHAI BHUVA
Versus
GUJARAT MARITIME BOARD
==========================================================
Appearance:
MS HARSHAL N PANDYA(3141) for the Petitioner(s) No. 1
MS SEJAL K MANDAVIA(436) for the Respondent(s) No. 1,2
==========================================================
CORAM: HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 16/01/2020
COMMON ORAL ORDER
1. Both these petitions are filed by the petitioners for a direction to the respondent authorities to grant second higher grade scale of Rs.9300-34800, GP of Rs.4400/- from due date with all consequential benefits including arrears and consequential fixation of pay and pension.
Facts of SCA No.10318 of 2018
2. The petitioner joined service of the Gujarat Maritime Board as Junior Clerk on 11.09.1978 in the pay scale of Rs.260-400.
He was promoted as Senior Clerk on 10.09.1980 with effect from 26.12.1983.
Having completed nine years of service on 26.12.1992 in the cadre of Senior Clerk, the petitioner was granted the first higher grade scale of Rs.1400-2600.
Page 1 of 6 Downloaded on : Sat Jan 18 20:46:41 IST 2020 C/SCA/10318/2018 ORDEROn 14.07.2005, the petitioner was promoted as Head Clerk. He retired from service on 30.11.2012.
Facts of SCA No.10320 of 2018
3. The petitioner joined the services of the Gujarat Maritime Board on 31.07.1978 as clerk-cum-typist. He was promoted as Senior Clerk on 10.12.1984 with effect from 03.01.1983.
Having completed nine years of service on 03.01.1992 in the cadre of Senior Clerk, the petitioner was granted the first higher grade scale of Rs.1400-2600.
On 06.02.2002, the petitioner was promoted as Head Clerk. He retired from service on 31.12.2012.
4. In both these petitions, the case of the petitioners is that on completion of 15 years of service after their completion of nine years of service in the first higher grade scale, the petitioners are entitled to the benefit of the Second Higher Grade Scale of Rs.9300-34800. This claim of the petitioners is based on the scheme of granting the benefit of the Second Higher Grade Scale in accordance with the Government Resolution dated 02.07.2007, which provided that an incumbent who has completed 24 years of service is entitled to the Second Higher Grade Scale. It was their case therefore that they having got the First Higher Grade Scale in accordance with the resolution dated 16.08.1994 on completion of 9 years of service, they would be entitled to the Second Higher Grade Scale on completion of 15 years of service.
Page 2 of 6 Downloaded on : Sat Jan 18 20:46:41 IST 2020 C/SCA/10318/2018 ORDER5. Ms.Harshal Pandya learned counsel for the petitioners invited my attention to the Government Resolution dated 02.07.2007. Drawing my attention to Clause-2(2)(3)(4) of the resolution, she would submit that in the event an incumbent completes 12 years of service as per Clause 2 of the resolution, such an incumbent will be entitled to the First Higher Grade Scale subject to the fact that he has not earned more than one promotion. Clause-2(3) of the resolution would entitle the benefit of Second Higher Grade Scale after 24 years i.e. 12 years after the First Higher Grade Scale, however, subject to the same qualification that he should not have earned more than one promotion.
Reliance is placed on Clause-2(4)(a) and (b) to submit that if an employee who has secured the First Higher Grade Scale in accordance with the resolution dated 16.08.1994 on completion of 9 years of service, such employee shall get the Second Higher Grade Scale on completion of 15 years thereafter (in all on completion of 24 years). There is no condition in the clause as compared to sub-clause (2) and (3) that such entitlement is not available if an incumbent has earned more than one promotion as is so found in clause 2(2) and 2(3) of the resolution.
6. In accordance with these, Ms.Pandya submitted that the petitioners therefore made representations to the authorities for grant of Second Higher Grade Scale. Inviting my attention to the resolution dated 18.02.2011, she would submit that even while clarifying the resolution dated 02.07.2007, nothing was stated so as to disqualify the petitioners from entitlement of a Second Higher Grade Scale.
Page 3 of 6 Downloaded on : Sat Jan 18 20:46:41 IST 2020 C/SCA/10318/2018 ORDER7. She invited my attention to the communication dated 24.01.2014 addressed by the Administrative Officer to his superior by which his case was recommended for the grant of benefit of the Second Higher Grade Scale. She further submitted that the Board by a communication dated 12.09.2014 in case of two other employees, wrote to the State Government, seeking its' opinion and in the letter it was the stand of the Board that even if an employee had received two promotions, in accordance with Clause 2(4)(b) of the Government Resolution dated 02.07.2007, such employees were entitled to the Second Higher Grade Scale on completion of 15 years of service after the First Higher Grade Scale of nine years. From the communication dated 22.10.2014 of the State Government addressed to the Board, she submitted that a positive opinion was given by the State that such employees are entitled to the benefit of Second Higher Grade Scale in accordance with Clause 2(4)(b). She also, in support of her submission, relied on a communication dated 04.03.2008 addressed by the State through the Finance Department to the Examiner, Local Fund Authorities by which the petitioners' contention was accepted.
8. Ms.Sejal Mandavia learned counsel for the respondent Board through her affidavit-in-reply would submit that though the service details of the petitioners are not disputed, the petitioners are not entitled to the benefit of Second Higher Grade Scale. She would rely on the Government Resolution dated 16.08.1994 to contend that the resolution specifically provides in Clause-3 thereof that in case an employee receives two or more promotions, he would not be entitled to the benefit of the higher grade scale. She would further submit Page 4 of 6 Downloaded on : Sat Jan 18 20:46:41 IST 2020 C/SCA/10318/2018 ORDER that the petitions are barred by gross delay and laches. She would submit that the petitioners have retired in the year 2012 and have approached this Court more than six years after such retirement and are praying for benefits after 11 years from the date of their entitlement and the petitions therefore must be dismissed.
9. Having considered the submissions of the learned advocates for the parties, what needs to be adjudged is whether since the petitioners have earned two promotions and one Higher Grade Scale, they can be deprived of the benefit of the Second Higher Grade Scale.
10. It is in this context that Clause 2, sub-clauses (2), (3) and (4) need to be read. When sub-clauses (2) and (3) are read, they make it clear that only when a beneficiary of the First Higher Grade Scale on completion of 12 years of service in accordance with the Resolution of 02.07.2007 is given such benefit, he is entitled to the benefit of the Second Higher Grade Scale on completion of further 12 years of service. This is subject to a qualification that such an incumbent has not earned more than one promotion and/or First Higher Grade Scale.
11. When in this context, sub-clauses (4)(a) and (b) are read, they specifically provide that when an incumbent earns his first higher scale on completion of nine years of service in accordance with the Government Resolution dated 16.08.1994, he shall earn the Second Higher Grade Scale on completion of 15 years thereafter. There are no riders in the clause that the earning of promotion and/or a higher grade scale would disentitle the incumbent of earning the Second Page 5 of 6 Downloaded on : Sat Jan 18 20:46:41 IST 2020 C/SCA/10318/2018 ORDER Higher Grade Scale after the First Higher Grade Scale of nine years in accordance with the resolution dated 16.08.1994.
Reading of the communication dated 12.09.2014 addressed by the Gujarat Maritime Board asking for its' opinion and the stand of the Government as is evident from the Finance Department's communications dated 04.03.2008 and 22.10.2014 make it clear that interpreting sub-clause 4(b) of Clause-2 of the resolution, the stand of the State is that one who has earned the First Higher Grade Scale on completion of nine years of service in accordance with the resolution dated 16.08.1994, is entitled to the Second Higher Grade Scale in accordance with the Government Resolution dated 02.07.2007 after completing 15 years thereafter. This of course is subject to the incumbents satisfying other conditions of the Government Resolution dated 16.08.1994.
12. Keeping these clarifications in mind, the petitioners are entitled to the reliefs prayed for and therefore, the respondents are directed to grant Second Higher Grade Scale of Rs.9300-34800/-, G.P. Rs.4400/- to the petitioners from their due dates with all consequential benefits including arrears and consequential fixation of pay and pension.
13. The petitions are allowed.
(BIREN VAISHNAV, J) ANKIT SHAH Page 6 of 6 Downloaded on : Sat Jan 18 20:46:41 IST 2020