NEUTRAL CITATION
C/LPA/1026/2023 ORDER DATED: 07/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1026 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 13821 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023
In R/LETTERS PATENT APPEAL NO. 1026 of 2023
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DISTRICT DEVELOPMENT OFFICER
Versus
RAJAN HUSAINBHAI JUNEJA
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Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1
MR KM ANTANI, AGP for the Respondent(s) No. 2
MS HARSHAL N PANDYA(3141) for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL
and
HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 07/08/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) Heard learned advocate Mr. H.S. Munshaw for the appellant and learned advocate Ms. Harshal Pandya for respondent no.1.
2. The present Letters Patent Appeal under clause clause 15 of the Letters Patent is directed against judgment and order dated 10.10.2022 of learned Singe Lodge.
2.1 While allowing the petition of the respondent- original petitioner, learned Single Judge directed to place him in the regular scale of pay from initial Page 1 of 5 Downloaded on : Sun Sep 17 00:23:56 IST 2023 NEUTRAL CITATION C/LPA/1026/2023 ORDER DATED: 07/08/2023 undefined date of appointment in the cadre of Talati-cum- Mantri. The fixation was directed from the date of initial appointment for all purposes and the arrears were also directed to be paid.
2.3 What was prayed by the petitioner in his Special Civil Application was to treat the appointment of the petitioner in regular pay-scale instead of fixed pay from the date of joining of the duty. The petitioner prayed that his application dated 29.06.2019 in that regard may be considered by the authorities. While seeking such prayer, the petitioner relied on the decision in Special Civil Application No. 30154 of 2007 dated 06.09.2013 and other decisions.
3. The attendant facts were inter alia that the mother of the petitioner Roshanben, serving in the Rajkot District Panchayat as Female Health Worker, died on 25.10.1990 in harness. The petitioner was 7 years old at that time. The father of the petitioner got married for second time, leaving the petitioner alone. Sister of the mother of petitioner was appointed as guardian under the Guardian and Wards Act of the minor child, Rajan-present petitioner. When the petitioner became major, he applied on 21.07.2001 for compassionate appointment.
3.1 It appears that the petitioner came to be appointed as Talati-cum-Mantri, which appointment was given on adhoc basis for fixed pay of Rs.2,500/-.
Page 2 of 5 Downloaded on : Sun Sep 17 00:23:56 IST 2023NEUTRAL CITATION C/LPA/1026/2023 ORDER DATED: 07/08/2023 undefined Appointment of such nature was given to the petitioner on 06.01.2005. When the petitioner completed 5 years, he was given appointment in regular pay-scale on 28.07.2010.
3.2 It was the contention of the petitioner that in the case of similarly situated employees, where the compassionate appointment was given on fixed pay, deciding Special Civil Application No. 30154 of 2007, this Court gave direction to consider the case of the said petitioner for appointment in regular pay-scale as per the policy prevalent at the time of making application for compassionate appointment.
4. Learned Single Judge while allowing the petition, relied on the decision of this Court dated 18.04.2022 rendered in Special Civil Application No. 14642 of 2019 and group of cognate petitions. The decision in the said petition was carried in Letters Patent Appeal No. 855 of 2022 and allied appeals preferred by the District Panchayat, which came to be dismissed. It was held that the policy, which was prevalent on the date of appointment, would come into play to be applied.
4.1 In Letters Patent Appeal No. 855 of 2022, the decision of the Supreme Court in State of Madhya Pradesh and Ors. vs. Ashish Awasthi [(2022) 2 SCC 157] was relied on. The Letters Patent Bench observed to hold, Page 3 of 5 Downloaded on : Sun Sep 17 00:23:56 IST 2023 NEUTRAL CITATION C/LPA/1026/2023 ORDER DATED: 07/08/2023 undefined "10. It is an undisputed fact that the policy, which was prevailing in the year 2015, when the respondent employee was appointed, there was no policy of giving appointment on fixed pay for a period of five years, and therefore, the decision in case of the State of Madhya Pradesh (Supra) would squarely apply to the facts of the case, and therefore, the policy, which was prevailing on the date of their appointment would come into play."
4.2 Yet another decision in District Development Officer vs. Pithadiya Vijaybhai Mahendrabhai being Letters Patent Appeal No. 464 of 2023 decided on 19.04.2023 was relied on behalf of the petitioner, in which also, order dated 25.09.2022 aforementioned in Letters Patent Appeal No. 855 of 2022 was relied on as the similar set of facts was obtained.
5. Learned advocate for the appellant was at his receiving end when confronted with the above decisions and the proposition of law laid down therein. He was fair however to submit and state that Special Leave Petition (Civil) Diary No. 1024 of 2023 in District Development Officer vs. Sanjay Kumar Laxmanbhai Kalotra was dismissed by the Apex Court on 24.05.2023, in which, similar facts and identical issue was involved. Copy of the order was produced before the Court.
6. For the aforesaid considerations, the challenge addressed to the learned Single Judge's order in the present Letters Patent Appeal stands meritless.
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7. Appeal is dismissed.
Civil Application stands disposed of in view of the dismissal of the Letters Patent Appeal.
(SUNITA AGARWAL, CJ) (N.V.ANJARIA, J) BIJOY B. PILLAI Page 5 of 5 Downloaded on : Sun Sep 17 00:23:56 IST 2023