Case Note & Summary
The petitioner, Manubhai Desai, an S.S.C. and Physical Education certificate holder, joined Esmail Begmohammed High School as an Assistant Teacher in P.T. on 26th June 1968 and worked there until 31st December 1971. His salary was fixed at Rs.132/- in 1970-71 and increased to Rs.140/- in 1971-72. He then joined Saifi High School on 12th June 1972, working until 7th December 1972 with pay fixed at Rs.140/-. Subsequently, he joined Forjet High School on 8th December 1972 in the pay scale of Rs.120-220 with pay fixed at Rs.140/-, working until 10th June 1973. The petitioner's claim for pay fixation was refused by the respondents on the ground that the original service book was not available. The court examined the issue and found that the refusal was unjustified. The court held that pay fixation cannot be denied solely because the original service book is missing, especially when the petitioner had produced other documentary evidence such as salary certificates and appointment letters. The court directed the respondents to fix the petitioner's pay based on the available records and evidence, ensuring that the petitioner's past service is taken into account for proper pay fixation. The writ petition was allowed with no order as to costs.
Headnote
A) Service Law - Pay Fixation - Non-availability of Original Service Book - The court considered whether pay fixation can be denied solely because the original service book is not available. The court held that pay fixation cannot be refused on that ground alone if other reliable evidence, such as salary certificates and appointment letters, is produced. The court directed the respondents to fix the petitioner's pay based on available records and documentary evidence. (Paras 1-5)
Issue of Consideration
Whether the petitioner's claim for pay fixation was rightly refused on the ground of non-availability of original service book.
Final Decision
The writ petition is allowed. The respondents are directed to fix the petitioner's pay based on available records and documentary evidence, taking into account his past service. No order as to costs.
Law Points
- Pay fixation
- Service book
- Evidence
- Natural justice
- Administrative law
