Case Note & Summary
The petitioner, Kanjibhai Hirji Bodar, filed a writ petition under Articles 14, 16, 21, 226, and 227 of the Constitution of India seeking a mandamus directing the respondents (State of Gujarat and its officers) to grant him the 1st Higher Grade Pay Scale of Police Sub-Inspector (PSI) in the pay scale of Rs.1640-2900 (Revised) as per the Finance Department's Resolution dated 16.08.1994, along with incidental and consequential benefits. The petitioner had completed 9 years of service as an Assistant Sub-Inspector (ASI) and claimed entitlement under Clause-3 of the said resolution. The court noted that despite an order dated 29.08.2017 directing the respondents to decide the petitioner's representation dated 09.02.2016 and file pleadings, no reply or decision was forthcoming. Consequently, the court assumed the averments in the petition to be uncontroverted. The petitioner's advocate argued that the petitioner fulfilled all criteria under Clause-3. The court, relying on the uncontroverted facts and the respondents' inaction, allowed the petition. It directed the respondents to grant the 1st Higher Grade Pay Scale of PSI to the petitioner within eight weeks from the date of receipt of the order, failing which the petitioner would be entitled to interest at 6% per annum on the arrears from the date of filing the petition until actual payment. The court also imposed costs of Rs.5,000 on the respondents for their casual approach.
Headnote
A) Service Law - Higher Pay Scale - Entitlement under Government Resolution - The petitioner, an ASI, claimed 1st Higher Grade Pay Scale of PSI upon completing 9 years in the cadre, as per Clause-3 of the Government Resolution dated 16.08.1994. The respondents failed to file a reply or decide the representation despite court order. The court held that the uncontroverted averments entitled the petitioner to the relief, and directed the respondents to grant the higher pay scale with consequential benefits within eight weeks. (Paras 3-7)
Issue of Consideration
Whether the petitioner is entitled to the 1st Higher Grade Pay Scale of PSI upon completion of 9 years as ASI under Clause-3 of the Government Resolution dated 16.08.1994, and whether the respondents' failure to decide the representation amounts to denial of benefits.
Final Decision
The petition is allowed. The respondents are directed to grant the 1st Higher Grade Pay Scale of PSI in the pay scale of Rs.1640-2900 (Revised) to the petitioner within eight weeks from the date of receipt of the order. If not granted within that period, the petitioner shall be entitled to interest at 6% per annum on the arrears from the date of filing the petition until actual payment. The respondents are also directed to pay costs of Rs.5,000 to the petitioner for their casual approach.
Law Points
- Non-compliance with government resolution
- uncontroverted averments
- entitlement to higher pay scale
- mandamus for service benefits
