Gujarat High Court
State Of Gujarat vs Ramanlal L. Patel on 28 April, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/787/2024 JUDGMENT DATED: 28/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 787 of 2024
In
R/SPECIAL CIVIL APPLICATION NO. 5940 of 1995
FOR APPROVAL AND SIGNATURE:
HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
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Approved for Reporting Yes No
✔
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STATE OF GUJARAT & ANR.
Versus
RAMANLAL L. PATEL & ORS.
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Appearance:
MS MAITHILI MEHTA ASSISTANT GOVERNMENT PLEADER for the Appellant(s)
No. 1,2
DELETED for the Respondent(s) No. 1,1.1
MR SHALIN MEHTA SR. ADVOCATE with MR MAULIN G PANDYA(3999) for the
Respondent(s) No. 1.2,1.3,2.2,2.3,4.2
RULE NOT RECD BACK for the Respondent(s) No. 2.1,3.1,4.1,5,6,8
RULE SERVED for the Respondent(s) No. 7
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 28/04/2025
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE PRANAV TRIVEDI)
1. The present Letters Patent Appeal filed under Clause 15 of the Letters Patent assails the correctness and validity of the judgment and order dated 11.05.2018 passed in Special Civil Application No. 5940 of 1995.
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NEUTRAL CITATION C/LPA/787/2024 JUDGMENT DATED: 28/04/2025 undefined
2. The prayers made in the writ petition preferred by the respondents - original petitioners was to issue a writ in the nature of mandamus declaring that the petitioners were entitled for grant of pay-scale prescribed by the University Grant Commission (UGC) for Librarians from time to time. The learned Single Judge after considering the submissions and the documents placed on record was pleased to allow the writ petition which is now assailed in the present appeal.
3. Ms. Maithili Mehta, learned Assistant Government Pleader appearing for the State - appellant has submitted that the learned Single Judge has erred in issuing direction for grant of pay parity as the same ventures into the realm of framing a policy. Therefore, granting of equivalent pay-scale was not germane to the issue. The learned Single Judge has erred in equating the non-teaching and administrative cadres of Librarians and Registrars in various colleges and Universities across the State with that of the teaching cadre/staff. Apart from the submissions made herein-above, the learned Assistant Government Pleader was not in a position to point out any further ground to assail the impugned order.
4. Having gone through the material on record, it is to be Page 2 of 4 Uploaded by PHALGUNI PATEL(HC00175) on Fri May 16 2025 Downloaded on : Sat May 17 05:09:54 IST 2025 NEUTRAL CITATION C/LPA/787/2024 JUDGMENT DATED: 28/04/2025 undefined observed that the learned Single Judge has categorically observed that the petitioners at the relevant point of time were working as Librarians in the Gujarat University, South Gujarat University, Junagadh University and Sardar Patel University. They had prayed to declare that they were entitled to the pay-scale prescribed by the UGC for teaching staff and that they should be treated at par with the academic staff of the University for all benefits with effect from 01.01.1993. It was observed that the University has not disputed the status of the Librarian being equal to that of the lecturers in colleges. As a matter of fact, the University has made certain recommendations to support the claim to grant the same status to the Librarians as equal to that of lecturers. 4.1. It was further observed that this Court by way of the judgment and order dated 18.04.1986 in Special Civil Application 872 of 1985 has considered the claims and contentions of the Librarians to be treated at par with the University and college teachers. It was observed by this Court in the aforesaid matter that Librarians who came to be appointed before the relevant resolution should be given the same treatment as that of the University and College teachers. The learned Assistant Government Pleader was not in a position to dispute the fact that the issue has been adjudicated by the judgment Page 3 of 4 Uploaded by PHALGUNI PATEL(HC00175) on Fri May 16 2025 Downloaded on : Sat May 17 05:09:54 IST 2025 NEUTRAL CITATION C/LPA/787/2024 JUDGMENT DATED: 28/04/2025 undefined and order dated 18.04.1986 passed in Special Civil Application No. 872 of 1985. As a matter of fact, it was accepted by the learned Assistant Government Pleader that the above-mentioned judgment has attained finality and has not been challenged further by the State Government. The cornerstone of allowing the petition is the judgment and order dated 18.04.1986 in Special Civil Application No. 872 of 1985.
5. In view of the above, the present Letters Patent Appeal fails firstly on the ground that the Government of India has accepted the recommendations of the UGC and decided to put Librarians in the University and Colleges at par with that of the teachers in University and Colleges and secondly as a matter of fact the learned Single Judge has placed reliance on the decision of this Court dated 18.04.1986 in Special Civil Application No. 872 of 1985 which has attained finality and the said aspect was not controverted by the learned Assistant Government Pleader.
6. For the above, the instant appeal being devoid of merits, the same is hereby dismissed with no order as to costs.
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