Gujarat High Court
Late Kamlaben Pitambardas Patel Thru Lh ... vs State Of Gujarat on 12 August, 2025
NEUTRAL CITATION
C/SCA/21000/2019 JUDGMENT DATED: 12/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 21000 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE SANDEEP N. BHATT
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Approved for Reporting Yes No
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LATE KAMLABEN PITAMBARDAS PATEL THRU LH PURSHOTTAMBHAI
SOMABHAI WAGHELA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR SHIVANG A THACKER(7424) for the Petitioner(s) No. 1
MR HENIL SHAH, AGP for the Respondent(s) No. 1,2 - STATE
MR HS MUNSHAW(495) for the Respondent(s) No. 4
NOTICE SERVED for the Respondent(s) No. 3,5,6
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 12/08/2025
ORAL JUDGMENT
1. Rule returnable forthwith. Learned advocates for the respective respondents waive service of notice of rule on behalf of respective respondents. With the consent of the parties, the matter is considered at length and disposed of accordingly.
2. The present petition is filed by the petitioner for seeking the following reliefs:
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NEUTRAL CITATION C/SCA/21000/2019 JUDGMENT DATED: 12/08/2025 undefined "(A) To admit and allow this petition.
(B) To issue a writ of mandamus, or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents to forthwith grant the benefit of second higher pay scale from year 2003 to late Kamlaben P. Patel and implement the resolution dated 2.5.15 and office order dated 14.7.2015 & 14.8.2015 passed by Director, I.C.D.S. and directions of Commissioner, and pay the arrears of salary and all consequential benefits flowing therefrom alongwith interest @ 18% p.a. thereon from the date it became due till realisation.
(C) The Hon'ble Court may kindly be pleased to grant any other appropriate relief as the nature circumstances of the case may require."
3. Brief facts as stated in the memo of the petition are as under:
3.1 It is the case of the petitioner in this petition that the wife of the petitioner late Kamlaben P. Patel had joined the services with the respondent no.2 on 17.2.1979 and on completion of 9 years of service prevailing circulars and government resolutions of the respondent no. 1, she was granted first higher pay scale in the year Page 2 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:50:38 IST 2025 NEUTRAL CITATION C/SCA/21000/2019 JUDGMENT DATED: 12/08/2025 undefined 1988. Thereafter petitioner's wife Kamlaben P. Patel was entitled to get second higher pay scale on completion of requisite years of service as per the rule of the Government, however, she was not granted second higher pay scale during her entire service till she retired. The wife of the petitioner superannuated on 30.11.2012. In the year 2007, the respondent No. 1 State of Gujarat issued government resolution revising the scheme of grant of higher pay scale. By the said resolution, it was provided to grant first higher pay scale on completion of 12 years of service and second higher pay scale on completion of 24 years of service. It is further the case of the petitioner in this petition that in the said G.R. it specifically provided that those employees, who have got first higher grade after completion of 9 years, will be entitle for Second Higher Grade after competition of 15 years.
3.2 It is further the case of the petitioner in this petition that the petitioner's wife late Kamlaben P. Patel was entitled to get second higher pay scale on completion of 24 years of service i.e. on completion of 15 years from the date of grant of first higher pay scale. In Page 3 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:50:38 IST 2025 NEUTRAL CITATION C/SCA/21000/2019 JUDGMENT DATED: 12/08/2025 undefined spite of the aforesaid G.R. dated 2.7.2007, petitioner's wife was not granted second higher pay scale till she superannuated in the year 2012. It is further the case of the petitioner in this petition that the petitioner's wife made various representations and similarly situated employees like the wife of petitioner, the respondent No. 1 on the basis of the Govt. Resolution dated 2.5.2015 has granted second higher pay scale to various employees of the department and passed the order/ government resolution in the said order name of petitioner's wife Kamlaben P. Patel appears at Sr.No. 11. It is further the case of the petitioner in this petition that as per the subsequent record of the Government, the name of Kamlaben P. Patel was reflected and she was entitled to the grant of second higher pay scale from the year 2003.
It is further the case of the petitioner in this petition that despite the G.R. dated 02.07.2007, 02.05.2015, the respondent-Authority has passed officer orders dated 14.07.2015 and 14.08.2015 i.e. by the Director, ICDS and Director Commissioner, Woman and Child Development Department, Gandhinagar and the wife of the petitioner was not granted Higher Pay-Scale. Thereafter, the wife of the petitioner has made several representations to the Page 4 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:50:38 IST 2025 NEUTRAL CITATION C/SCA/21000/2019 JUDGMENT DATED: 12/08/2025 undefined respondents on 5.9.2016, 2.1.2017, 27.2.2017, 5.6.2017, 12.6.2017, 18.12.2017 and 15.10.2018 requesting to grant her second higher pay scale, but the reasons best known to respondent authorities, the petitioner's wife was singled out despite government resolution dated 02.07.2007, 02.05.2015, and such office orders were passed by the respondent - Authority and, therefore, he has submitted that such orders are absolutely unjust and improper. Hence, the present petition has been preferred.
4. Heard Mr. Shivang Thacker, learned advocate for the petitioner, Mr. H.S. Munshaw, learned advocate for the respondent No. 4 and Mr. Henil Shah, learned Assistant Government Pleader for the respondent Nos. 1 and 2 - State.
5.1 Mr. Shivang Thacker, learned advocate for the petitioner has submitted that the wife of the petitioner late Kamlaben P. Patel had joined the services with the respondent no.2 on 17.2.1979 and on completion of 9 years of service prevailing circulars and government resolutions of the respondent no. 1, she was granted first higher pay scale in the year 1988. Thereafter petitioner's Page 5 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:50:38 IST 2025 NEUTRAL CITATION C/SCA/21000/2019 JUDGMENT DATED: 12/08/2025 undefined wife Kamlaben P. Patel was entitled to get second higher pay scale on completion of requisite years of service as per the rule of the Government, however, she was not granted second higher pay scale during her entire service till she retired. The wife of the petitioner superannuated on 30.11.2012. In the year 2007, the respondent No. 1 State of Gujarat issued government resolution revising the scheme of grant of higher pay scale. By the said resolution, it was provided to grant first higher pay scale on completion of 12 years of service and second higher pay scale on completion of 24 years of service. He has submitted that in the said G.R. it specifically provided that those employees who have got first higher grade after completion of 9 years will be entitle for Second Higher Grade after competition of 15 years. He has submitted that the petitioner's wife late Kamlaben P. Patel was entitled to get second higher pay scale on completion of 24 years of service i.e. on completion of 15 years from the date of grant of first higher pay scale. In spite of the aforesaid G.R. dated 2.7.2007, petitioner's wife was not granted second higher pay scale till she superannuated in the year 2012. He has further submitted that the petitioner's wife made Page 6 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:50:38 IST 2025 NEUTRAL CITATION C/SCA/21000/2019 JUDGMENT DATED: 12/08/2025 undefined various representations.
5.2 He has submitted that similarly situated employees like the wife of petitioner, the respondent No. 1 on the basis of the Govt. Resolution dated 2.5.2015 has granted second higher pay scale to various employees of the department and passed the order/ government resolution in the said order name of petitioner's wife Kamlaben P. Patel appears at Sr.No. 11. He has submitted that as per the subsequent record of the Government, the name of Kamlaben P. Patel was reflected and she was entitled to the grant of second higher pay scale from the year 2003. He has submitted that despite the G.R. dated 02.07.2007, 02.05.2015, the respondent-Authority has passed the office orders dated 14.07.2015 and 14.08.2015 i.e. by the Director, ICDS and Director Commissioner, Woman and Child Development Department, Gandhinagar and the wife of the petitioner was not granted Higher Pay-Scale. Thereafter, the wife of the petitioner has made several representations to the respondents on 5.9.2016, 2.1.2017, 27.2.2017, 5.6.2017, 12.6.2017, 18.12.2017 and 15.10.2018 requesting to grant her second higher pay scale, but the reasons best known to Page 7 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:50:38 IST 2025 NEUTRAL CITATION C/SCA/21000/2019 JUDGMENT DATED: 12/08/2025 undefined respondent authorities, the petitioner's wife was singled out despite government resolution dated 02.07.2007, 02.05.2015, and such office orders were passed by the respondent - Authority and, therefore, he has submitted that such orders are absolutely unjust and improper and required to be interfered with.
5.3 He has further submitted that the only contention raised in the affidavit-in-reply by the respondent- Authority that the wife of the petitioner was granted promotion to the post of Child Development Project Officer on 04.02.2002, therefore, the wife of the petitioner would become eligible for second higher pay scale from 04.02.2017 and, therefore, this contention is improper. In view of the above, he prays to allow the present petition by directing the respondent-Authority to grant necessary benefits of second higher pay-scale.
6.1 Per contra, Mr. Henil Shah, learned Assistant Government Pleader for the respondent Nos. 1 and 2 - State has referred to the affidavit-in-reply filed by the respondent No.1 and has submitted that the petitioner's wife completed 24 years of service in the year in 2003 and was superannuated on as Child 30.11.2012 while Page 8 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:50:38 IST 2025 NEUTRAL CITATION C/SCA/21000/2019 JUDGMENT DATED: 12/08/2025 undefined serving Development Project Officer-II. He has submitted that benefit of first higher pay-scale is granted to the wife of the petitioner in the year 1988 and that is in consonance with the Schedule-1 of the Finance Department, Government Resolution dated 16.08.1994 as pay scale is 1640-2900. He has further submitted that as per as per Clause 3(3) of the Government Resolution dated 16.08.1994 and Annexure-1 of the said Government Resolution, whereby it is stated that for the posts with different pay scales, the candidates would receive pay scale as per his/her present pay scale including the higher pay scale mentioned in the Annexure-1 of the aforestated Government Resolution dated 16.08.1994. He has further submitted that as per Clause 3(8) of the aforestated Government Resolution, all the posts which have come into existence after 01.06.1987 are granted Higher Pay scale as per Annexure-1.
6.2 He has further submitted that as per the Recruitment Rules dated 06.10.1983 of the Child Development Project, there are four different posts for Child Development Project Officer, such as Social Worker (Pay Scale Rs.1640-2900), Block District Extension Page 9 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:50:38 IST 2025 NEUTRAL CITATION C/SCA/21000/2019 JUDGMENT DATED: 12/08/2025 undefined Educator (Pay Scale Rs.1640-2900, District Extension Public Educator (Pay Scale Rs.1400-2300), Health Nurse (Pay Scale Rs.1400-2300) and Mukhya Sevika (Pay Scale Rs.1400-2300). Therefore, as stated in the 1989 Recruitment Rules, there was only one sanctioned post of Mukhya Sevika still as per the Government Resolution 16.08.1994, the 1st higher pay scale decided for Mukhya Sevika is (Rs.1640-2900). He has further submitted that the present petitioner became eligible for the First Higher Pay scale on 17.02.1988, which should be in pay scale of 1640-2900 and the petitioner became eligible for Second Higher Pay Scale on 06.04.2003, which should be in pay scale of 2000-3500. He has further submitted that petitioner was granted promotion to the of post Child Development Project Officer on 04.02.2002 (Pay Scale Rs. 2000-3500). Therefore, the petitioner would become eligible for 2nd Higher Pay Scale from 04.02.2017 and, therefore, there is no substance in the present petition and, therefore, the present petition is required to be dismissed.
6.3 In support of his contention, he has relied on the judgment of Co-ordinate Bench of this Court in the case Page 10 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:50:38 IST 2025 NEUTRAL CITATION C/SCA/21000/2019 JUDGMENT DATED: 12/08/2025 undefined of Thakorbhai Narottamdas Thakkar Vs. State of Gujarat reported in 2022 (0) AIJEL-HC 245303, more particularly, para 8 is relevant and has prayed to dismiss the present petition as no case is made out by the petitioner.
7. Mr. H.S. Munshaw, learned advocate for the respondent No. 4 has support the submissions made by learned AGP and has submitted that he has limited role to play in the present matter as essentially, the dispute is between the respondent-State Authority and the petitioner.
8.1 I have considered the rival submissions made at the bar. It transpires that the wife of the petitioner has joined the services on 17.02.1979 and during her service, the benefit of 1st Higher pay scale is granted in the year 1988 and it seems that the same is of 1640-2900 which is consonance of Schedule-1 of the Finance Department Government Resolution dated 16.08.1994. The petitioner's wife completed 24 years of service in the year in the year 2003. It also transpires that she got superannuated on as Child 30.11.2012 while serving Development Project, Officer-II. It also transpires from Page 11 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:50:38 IST 2025 NEUTRAL CITATION C/SCA/21000/2019 JUDGMENT DATED: 12/08/2025 undefined the record that as per clause 3 (3) of the Government Resolution dated 16.08.1994 and Annexure-1 of the said Government Resolution, whereby the candidates on posts with different pay scales would receive pay scale as per his/her present pay scale including the higher pay scale mentioned in the Annexure-1 of the aforestated Government Resolution dated 16.08.1994 and as per Clause 3(8) of the aforesaid Government Resolution, all the posts which have come into existence after 01.06.1987 are granted Higher Pay-scale as per Annexure-1.
8.2 It also transpires that the petitioner was granted promotion to the of post Child Development Project Officer on 04.02.2002 (Pay Scale Rs. 2000-3500).
nd Therefore, the petitioner would become eligible for 2 Higher Pay Scale from 04.02.2017.
8.3 In fact, as per first higher pay-scale 17.02.1988, if the second higher pay-scale was granted then it could have been granted on 06.04.2003, if promotion is not granted to the petitioner and that pay-scale is of 2000- 3500.
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NEUTRAL CITATION C/SCA/21000/2019 JUDGMENT DATED: 12/08/2025 undefined 8.4 Furthermore, considering the judgment of Co- ordinate Bench of this Court in the case of Thakorbhai Narottamdas Thakkar Vs. State of Gujarat reported in 2022 (0) AIJEL-HC 245303, more particularly, para 8 is relevant, which reads as under:
"8. The whole object of granting a higher pay grade scale that is to provide relief to such employees who have stagnated on account of non availablity of the promotional avenues, in the present case, the petitioner had been granted the benefit and also been promoted after getting first higher pay grade scale that is on 14.09.1994, he was promoted to the post of Account Officer. Therefore, the petitioner is also not entitled for the second higher pay grade scale. At this juncture, it would be equally important to refer to the Government Resolution dated 16.08.1994. In the preamble itself, it is stated that those employees who have received first higher pay grade scale, and thereafter, received a promotion shall not be entitle for further benefits of second higher pay grade scale. Moreover, as per the scheme of higher pay scale in the Government Resolution dated 16.08.1994 specifically under Clause 3(2), it has been mentioned that those, who have received two promotion, shall not be entitled for the further benefit of higher pay scale. From the further reading of the Government Resolution, it is crystal clear that the petitioner is not entitled for the prayers regarding Page 13 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:50:38 IST 2025 NEUTRAL CITATION C/SCA/21000/2019 JUDGMENT DATED: 12/08/2025 undefined second higher pay grade scale. The petitioner has been granted the first higher pay grade scale with effect from 17.08.1997 by the order dated 01.11.1992. The petitioner had received promotion after receiving the first higher pay grade scale on 14.09.1994. The petitioner had received the promotion after receiving the first higher pay grade scale, which stand is taken by the State Government relying upon the G.R. dated 16.08.1994."
8.5 Considering the totality of the facts and circumstances of the present case, which is almost similar to the judgment cited by the learned AGP, whereby the Co-ordinate Bench of this Court has specifically held that the whole object of granting higher pay grade scale that is to provide relief to such employees who have stagnated on account of non- availablity of the promotional avenues, in the facts of the present case, the petitioner had been granted the benefit of promotion in the year 2002 and, therefore, the petitioner is not entitled to get the benefit of higher pay- scale in the 2003 as he is entitled to get the higher pay-scale in the year 2017. In the meantime, the wife of the petitioner has superannuated in the year 2012 and, therefore, the prayers prayed in the present petition is not required to be accepted as the present petition is Page 14 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:50:38 IST 2025 NEUTRAL CITATION C/SCA/21000/2019 JUDGMENT DATED: 12/08/2025 undefined found meritless. I have not found any violation of Article 14 or 16 of the Constitution of India. No illegality is committed by the respondent-Authority and, therefore, no case is made out to exercise my powers under Article 226 of the Constitution of India. Accordingly, the present petition deserves to be dismissed.
9. In view of the above discussions, the present petition is dismissed with no order as to costs. Notice stands discharged.
(SANDEEP N. BHATT,J) DIWAKAR SHUKLA Page 15 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:50:38 IST 2025