Case Note & Summary
The State of Gujarat filed a Special Civil Application under Articles 14, 19, 226 and 227 of the Constitution of India challenging the judgment and order dated 28.11.2016 passed by the Gujarat Civil Services Tribunal, Gandhinagar in Appeal No. 232 of 2004. The Tribunal had allowed the appeal filed by the respondent, Pravinsinh A. Solanki & Ors., granting them higher pay scale. The petitioner-State argued that the respondent was not offered higher pay scale because his previous five years' Confidential Reports (CRs) were not good. The respondent contended that as per the Government Resolution dated 07.02.1995, the requirement is overall assessment and not that all CRs must be 'good'. The court, after hearing both sides, held that the Government Resolution does not mandate that all CRs must be 'good'; it requires an overall assessment of the employee's work. The court found no error in the Tribunal's order and dismissed the petition, upholding the grant of higher pay scale to the respondent.
Headnote
A) Service Law - Higher Pay Scale - Confidential Reports - Government Resolution dated 07.02.1995 - The issue was whether an employee can be denied higher pay scale solely because his previous five years' Confidential Reports were not 'good'. The court held that the Government Resolution does not mandate that all CRs must be 'good'; it requires overall assessment of the employee's work. The Tribunal's order granting higher pay scale was upheld. (Paras 1-7)
Issue of Consideration
Whether the denial of higher pay scale to the respondent was justified on the ground that his previous five years' Confidential Reports were not 'good'.
Final Decision
The petition is dismissed. The order of the Tribunal dated 28.11.2016 granting higher pay scale to the respondent is upheld.
Law Points
- Higher pay scale
- Confidential Reports
- Government Resolution
- overall assessment
- service law
