Harinbhai Dayaram Joshi v. Director of Agriculture, Gandhinagar
2020-01-07
A.S.SUPEHIA
body2020
DigiLaw.ai
JUDGMENT : A.S. Supehia, J. 1. In the present writ petition, the petitioner is praying for quashing and setting aside the communication dated 14-7-2009 fixing the pay-scale of Rs. 5000-150-8000 and further the petitioner is claiming the higher pay-scale of Rs. 5500-175-9000 with effect from 20-5-1998. 2. The brief facts of the case leading to filing of the present writ petition are as under: 2.1. The petitioner was appointed as Artist & Photographer on 20-5-1989. It is the case of the petitioner that the next promotional post of Artist & Photographer is of Movie Cameraman having pay-scale of Rs. 5500-175-9000, and hence, he is entitled to the aforesaid pay-scale. 3. Learned Advocate Mr. Nirav Thakkar appearing for the petitioner has submitted that the petitioner was granted the higher pay-scale vide order dated 11-2-2004 with effect from 9-3-2001 and was placed in the pay-scale of Rs. 5000-150-8000. He has submitted that the petitioner is entitled to higher pay-scale with effect from 20-5-1998 on completion of 9 years and that too, in the pay-scale of Rs. 5500-175-9000, which is meant for the promotional post of Movie Cameraman. Thus, he has submitted that the aforesaid order is required to be quashed and set aside. 4. Learned A.G.P. Mr. Dhawan Jayswal has submitted that the present writ petition may not be entertained since the petitioner is rightly granted the higher pay-scale of Rs. 5000-150-8000/- as the post of Artist-cum-Photographer is an isolated post. He has placed reliance on the resolution dated 14-8-1998 as well as the notification dated 25-5-1990 and has submitted that the feeder cadre post of Movie Cameraman is Photographer, whereas the present petitioner was serving as an Artist & Photographer, which is an isolated post. Thus, he has submitted that the impugned order dated 14-7-2009, which is passed pursuant to the order passed by this Court dated 27-8-2008 in Special Civil Application No. 8463 of 2008 does not require interference. 5. The short issue raised in the present writ petition is that whether the present petitioner would be entitled to the higher pay-scale of Rs. 5500-175-9000 instead of Rs. 5000-150-8000. The facts, which are established, are that the petitioner was appointed as Artist & Photographer on 20-5-1989 and he is claiming the aforesaid higher pay-scale of Rs. 5500-175-9000 of the promotional post of Movie Cameraman as per the Government policy.
5500-175-9000 instead of Rs. 5000-150-8000. The facts, which are established, are that the petitioner was appointed as Artist & Photographer on 20-5-1989 and he is claiming the aforesaid higher pay-scale of Rs. 5500-175-9000 of the promotional post of Movie Cameraman as per the Government policy. It appears that since the petitioner was denied the benefit of higher pay-scale in view of the Government Resolution dated 15-7-2004 as the petitioner had undergone inter-district transfer, he filed Special Civil Application No. 8463 of 2008 praying for grant of higher pay-scale of Rs. 5500-175-9000 with effect from 20-5-1998. The petitioner had challenged the action of the respondent-authorities in granting the higher pay-scale from the date he resumed on the transferred place by ignoring his earlier service from 1989. This Court vide order dated 27-8-2008 passed in Special Civil Application No. 8463 of 2008 had set aside the decision of the State Government and directed the respondents to consider the case of the petitioner in light of the observations made by the Apex Court in the case of State of Maharashtra v. Uttam Vishnu Pavar, reported in 2008 AIR SCW 937. After the judgment and order of this Court, the respondent-authority passed an order dated 14-7-2009 granting the higher pay-scale to the petitioner by counting his earlier service from 1989, and accordingly, he was granted the higher pay-scale of Rs. 5000-150-8000 with effect from 20-5-1998. Thus, the issue, which is confined in the present petition, is only with regard to the fixation of higher pay-scale of Rs. 5500-175-9000. The petitioner is claiming the aforesaid higher pay-scale on the basis of the promotional post of Movie Cameraman. It is the case of the petitioner that since he was working as Artist & Photographer, he is entitled for the pay-scale of promotional post i.e. Movie Cameraman (Rs. 5500-175-9000). 6. The State Government has issued a Resolution dated 14-8-1998, wherein the policy is laid down for grant of higher pay-scale to such posts, which are isolated and do not have any promotional avenue. It is declared by the State Government in the said resolution that the employees, who are working on isolated posts, shall be conferred the higher pay-scale in accordance with the Appendix attached to the Resolution dated 14-8-1998. The petitioner was accordingly conferred the benefit of higher pay-scale of Rs.
It is declared by the State Government in the said resolution that the employees, who are working on isolated posts, shall be conferred the higher pay-scale in accordance with the Appendix attached to the Resolution dated 14-8-1998. The petitioner was accordingly conferred the benefit of higher pay-scale of Rs. 5000-150-8000 as per the Appendix attached to the Resolution dated 14-8-1998 since he belonged to an isolated cadre. Vide Notification dated 25-5-1990, by which the rules to the post of Movie Cameraman (in the Gujarat Subordinate Agricultural Service) Class-III, Recruitment Rules, 1990 were framed. The same are incorporated as under: "1. These rules may be called the Movie Cameraman (in the Gujarat Subordinate Agricultural Service) Class-III, Recruitment Rules, 1990. 2. Appointment to the post of Movie Cameraman (in the Gujarat Subordinate Agricultural Service) Class-III shall be made either: (a) by promotion of a person of proved merit and efficiency from amongst the persons who have worked for not less than five years on the cadre of Photographer in the Gujarat Subordinate Agricultural Service, Class-III and who have passed the departmental examination, if any xxx xxx xxx" 7. A perusal of the recruitment rules reveal that the post of Movie Cameraman is required to be filled in by way of promotion from persons of proved merit and efficiency, who have worked for not less than five years in the cadre of "Photographer" in the Gujarat Subordinate Agricultural Service, Class-III. Thus, the feeder cadre for the post of Movie Cameraman is Photographer and unquestionably, the petitioner was working as an Artist & Photographer as he was appointed such in the year 1989. Hence, he would not be entitled to the higher pay-scale of Rs. 5500-175-9000, which is the pay-scale of the post of Movie Cameraman. Thus, the petitioner who was working on an isolated post of Artist & Photographer cannot compare his designation/appointment to that of Photographer as provided in the aforesaid statutory rule. His post being Artist & Photographer is an isolated post, which does not have any promotional avenue, and hence, the provisions of the resolution dated 14-8-1998 would be applicable to the petitioner. Thus, the impugned order fixing the higher pay-scale of Rs. 5000-150-8000 as per the Appendix attached to the resolution dated 14-8-1998 cannot be said to be arbitrary and illegal. 8. In this view of the matter, the present writ petition fails. Rule is discharged.