Gujarat High Court
Premji Govindbhai Kansara & vs Gujarat Maritime Board & on 14 March, 2016
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
C/SCA/4736/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 4736 of 2014
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PREMJI GOVINDBHAI KANSARA & 1....Petitioner(s)
Versus
GUJARAT MARITIME BOARD & 1....Respondent(s)
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Appearance:
MR TR MISHRA, ADVOCATE for the Petitioner(s) No. 1 - 2
MR HAMESH C NAIDU, ADVOCATE for the Respondent(s) No. 1 - 2
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 14/03/2016
ORAL ORDER
1. By this writapplication under Article 226 of the Constitution of India, the petitioners serving with the Gujarat Maritime Board have prayed for the following reliefs: 6(A) to issue and order, direction and/or writ in the nature of mandamus and/or any other appropriate writ, order or direction, directing the respondent to grant higher scale of pay to the petitioners on completion of nine years of service as has been granted to juniors to the petitioners as shown in ANN.I to this petition;
(B) to direct the respondent to grant the aforesaid benefit with 12% interest thereon;
(C) pending admission and final disposal of this petition, to direct the respondent to reconsider the case of the petitioners in the light of the submissions made in the present petition;
(D) Any other and such further relief as the Hon'ble Court deems fit and proper in the interest of justice;
2. The facts of this case may be summarized as under: Page 1 of 3 HC-NIC Page 1 of 3 Created On Thu Mar 17 01:30:14 IST 2016 C/SCA/4736/2014 ORDER 2.1 The petitioner no.1 was appointed in the year 1979 as a Daily wager and came to be regularized as a Peon w.e.f. 21.11.1986. After putting him in the cadre of ClassIII, he was granted the payscale of Clerk vide order dated 18.09.1999 granting the benefit of the payscale of ClassII cadre from 01.05.1991. He was also directed to appear in the Local Authority's Management Training Institute. He completed the training successfully vide order dated 01.05.1995. It appears that he was also granted the payscale of clerical cadre. He was ordered to be continued as Clerk on 03.07.1995 till further orders. He was granted the time scale of Rs.9501500 on 18.09.1999 having completed 7 years of service on or after 01.05.1991.
2.2 So far as the petitioner no.2 is concerned, he was appointed on the regular post of Peon w.e.f.24.11.1986 and was granted the benefit of ClassIII payscale. He started working as a Clerk w.e.f.03.07.1995.
3. The grievance voiced in this petition is that although the petitioners are working as the Clerks, yet they have not been granted the first higher scale on completion of 9 years of service.
4. Both the petitioners have pointed out that one Smt. Nainaben B. Dave appointed in the year 1988 as the Peon was made Clerk in the year 1997 and was granted timescale of pay of Rs.30504590 and on completion of 9 years of service, she has been granted higher scale of senior clerk at Rs.40006000. They have also pointed out that in the case of one Shri Umesh Pandya, who was appointed as Junior Clerk on 16.08.1997 and has also been granted the higher scale of Senior Clerk w.e.f. 16.08.2006 in the scale of Rs.40006000.
5. Notice was issued wayback in the month of April, 2014. No reply has been filed till this date. Despite the several notices issued through an Page 2 of 3 HC-NIC Page 2 of 3 Created On Thu Mar 17 01:30:14 IST 2016 C/SCA/4736/2014 ORDER advocate, the board has not responded till this date.
6. In such circumstances referred to above, the Gujarat Maritime Board is directed to immediately consider the claim of the two petitioners, more particularly, in light of the averments made in paras2 and 3 of this writapplication and also, considering the case of Smt. Nainaben B. Dave and Shri Umesh Pandya. I expect the authorities concerned to pass an appropriate order in writing after giving an opportunity of hearing to both the petitioners. Let this entire exercise be completed within a period of two months from the date of the receipt of the writ of the order.
7. With the above this writapplication is disposed of. Direct service is permitted.
(J.B.PARDIWALA, J.) aruna Page 3 of 3 HC-NIC Page 3 of 3 Created On Thu Mar 17 01:30:14 IST 2016