Government Resolution dated
5.07.1991. The said Policy of the higher grade
scale was effective from 1.06.1987. Prior
thereto, there was a policy of the Government ... 10142 of 2009 and other allied
matters and prayed for the higher grade scales.
These petitions were adjudicated by a learned
Single Judge of this
more particularly respondent No.3 - District Education Officer to grant 2nd
higher grade pay scale to the petitioner from the retrospective effect i.e.
from ... higher departmental examination is
not organised during the eligibility period for getting the higher pay scales
then in such case the higher pay scale benefit
that action on the part of the respondents in not
extending higher grade pay-scale to the petitioners is illegal, unjust and
violative of fundamental ... pleased to
direct the respondent Board to extend benefits of higher grade pay-scale to
the petitioners;
(iii) To direct the respondents to absorb
selection grade was not of higher
responsibility or higher post.
4. The
Finance Department introduced a scheme of higher grade scale firstly
by Resolution dated ... view that pursuant to the decision of the higher authority
the pay scale in the higher grade was granted to all such petitioners
and after
entitled to three higher grade scales. If the grant of selection
grade was to be treated as availing the first higher grade scale, the
petitioners ... selection grade after GR dated
26.12.85, such teacher cannot retain both the benefits i.e. of
selection grade as well of higher pay scale. This
entitled to three higher grade scales. If the grant of
selection grade was to be treated as availing the first higher grade
scale, the petitioners ... selection grade after GR
dated 26.12.85, such teacher cannot retain both the benefits
i.e. of selection grade as well of higher pay scale. This
that the action of the respondents in denying the
benefits of higher grade to the petitioner w.e.f. 1st October, 1997 and
granting ... still eligible for next higher scale. The Nine Year Rule does not provide
for promotion to the higher post but higher scale is granted
entitled to three higher grade scales. If the grant of selection
grade was to be treated as availing the first higher grade scale, the
petitioners ... selection grade after GR dated
26.12.85, such teacher cannot retain both the benefits i.e. of
selection grade as well of higher pay scale. This
said higher
post as was granted to Shri M.D.Pandya. However, as
submitted above, the benefit of higher grade scale ... higher pay-scale much before
the writ-applicant was given. In the affidavit-in-reply, it has
been clarified that higher grade scale given
Grade Scale under this scheme.
However, due to reversion in the original grade, the recovery for the period
for which pay and allowances in Higher ... higher grade scale
scheme" and shall revert back in the original lower grade scale and shall
draw the pay in original lower grade which
