Case Note & Summary
The petitioner, Bhaskarraj Jagjeevanbhai Oza, was appointed as an Assistant Teacher at Nawanagar Government High School, Jamnagar on 21.09.1988. He was upgraded to the post of Principal on 24.10.2012. The petitioner filed a writ petition under Articles 14, 16, and 226 of the Constitution of India seeking quashing of the order dated 08.12.2015 passed by respondent no.3 and directions to upgrade him w.e.f. 21.09.1988 and grant first higher pay scale w.e.f. 21.09.1997 and second higher pay scale w.e.f. 24.10.2012 under the Time Bound Promotion Scheme as per Government Resolution dated 16.08.1994. The respondents opposed the petition, arguing that the petitioner was not entitled to upgradation from 1988 as he was already upgraded to Principal in 2012, and that the petition suffered from delay and laches. The court analyzed the Government Resolution and found that the petitioner completed 9 years of service on 21.09.1997 and 18 years on 24.10.2012, entitling him to first and second higher pay scales respectively. The court held that the claim for upgradation to Principal from 1988 was not maintainable as the petitioner was already upgraded. However, the court allowed the petition in part, directing the respondents to grant the first higher pay scale from 21.09.1997 and the second higher pay scale from 24.10.2012 within eight weeks, and to decide the representation for consequential benefits.
Headnote
A) Service Law - Higher Pay Scale - Time Bound Promotion Scheme - Government Resolution dated 16.08.1994 - The petitioner, appointed as Assistant Teacher on 21.09.1988, sought upgradation to Principal and higher pay scales after completing 9 and 18 years of service. The court held that the petitioner is entitled to first higher pay scale w.e.f. 21.09.1997 and second higher pay scale w.e.f. 24.10.2012, as per the scheme, and directed the respondents to grant the same within eight weeks. (Paras 1-13) B) Service Law - Upgradation - Entitlement to Higher Post - The petitioner claimed upgradation to the post of Principal w.e.f. 21.09.1988, but the court found that the petitioner was already upgraded to Principal on 24.10.2012. The court held that the claim for upgradation from 1988 was not maintainable as the petitioner was appointed as Assistant Teacher and later promoted. (Paras 3-10) C) Service Law - Delay and Laches - The respondents argued that the petition was filed after 20 years, but the court held that the claim for higher pay scales is a recurring cause of action and the petition was not barred by delay. (Para 12)
Issue of Consideration
Whether the petitioner is entitled to upgradation to the post of Principal and grant of first and second higher pay scales under the Government Resolution dated 16.08.1994 from the respective due dates.
Final Decision
The petition is partly allowed. The respondents are directed to grant the first higher pay scale to the petitioner w.e.f. 21.09.1997 and the second higher pay scale w.e.f. 24.10.2012 within eight weeks from the date of receipt of the order. The petitioner's representation for consequential benefits shall be decided within the same period. The impugned order dated 08.12.2015 is quashed and set aside to the extent it denies the higher pay scales.
Law Points
- Time Bound Promotion Scheme
- Higher Pay Scale
- Upgradation
- Government Resolution dated 16.08.1994
- Assured Career Progression Scheme
- Article 14
- Article 16
- Article 226
