Gujarat High Court
Mahendrabhai Chimanbhai Valand vs State Of Gujarat on 26 August, 2025
NEUTRAL CITATION
C/SCA/15151/2018 ORDER DATED: 26/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15151 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 15152 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 15153 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 15155 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 15156 of 2018
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MAHENDRABHAI CHIMANBHAI VALAND
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS HARSHAL N PANDYA(3141) for the Petitioner(s) No. 1
MS SURBHI BHATI, AGP for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 26/08/2025
COMMON ORAL ORDER
1. These petitions are filed challenging the course of action of the respondent authorities of not extending the st benefits of 1 HGS to petitioner from his due date on the ground of non-passing of departmental examination, which has not been conducted since 2007 though repeatedly requested by petitioner to hold examination but the respondent authorities have completely failed to fulfill their statutory obligation to conduct the exam twice in a year, which has further resulted into stalling of next promotions alongwith their juniors.
2. In Special Civil Application Nos.15151 of 2018, Page 1 of 9 Uploaded by U. SRILATHA(HC00185) on Sat Aug 30 2025 Downloaded on : Mon Sep 01 21:58:27 IST 2025 NEUTRAL CITATION C/SCA/15151/2018 ORDER DATED: 26/08/2025 undefined 15152 of 2018, 15153 of 2018, 15155 of 2018, the petitioners were selected and appointed as Clerk in the Roads & Building Department on 23.8.2001; that due to the earthquake in the year 2001, the petitioners remained at Bhuj from their date of joining till 31.7.2005 which has delayed their pre-service training; the petitioners were sent for pre-service training between 27.2.2006 to 26.4.2006; that the post-training examination was scheduled in the 2006 but the same was postponed for some administrative reason; the post-training examination was then conducted after two years i.e. in the year 2008, which the petitioners cleared in the first attempt; for being eligible for promotion and higher pay scale, departmental examination is required to be passed by the employees and it is obligatory on the part of the State to organize the same at regular interval i.e. twice in a year as provided in the statutory rule; the training for lower grade clerical employees was organized between 15.4.2010 to 14.6.2010, wherein the petitioners participated; the departmental examination was to be scheduled immediately after the training between 8.7.2010 and 9.7.2010, however, the examination was also not conducted as per schedule and was postponed stating reason that modification of rules for departmental examination is under process; from 2010-2014, several representations were made for organizing the departmental examination because many employees were Page 2 of 9 Uploaded by U. SRILATHA(HC00185) on Sat Aug 30 2025 Downloaded on : Mon Sep 01 21:58:27 IST 2025 NEUTRAL CITATION C/SCA/15151/2018 ORDER DATED: 26/08/2025 undefined being deprived of promotion or higher pay scale; neither the rules were modified nor examination was conducted as per old rules, again, it was intimated to the respondent no.3 by Superintending Engineer, Circle Office, Ahmedabad that unless and until the State Government modifies the departmental examination Rules, exam cannot be organized; 23.8.2013, the petitioners became eligible to receive Higher Pay Scale, but same was not extended for want of passing the departmental examination which was not organized by the department; the petitioner of Special Civil Application No.15155 of 2018 is 3.4.2013; on 31.3.2015, new rules came to be published wherein also it is mandated conducting departmental examination twice a year; in 2016 and 2018, necessary forms for appearing in departmental examination were filled up and fees was also paid but examination was not conducted and therefore this petition is filed.
3. In Special Civil Application No.15156 of 2018, the petitioner was appointed as English Typist after due process of selection in the Roads & Building Department on 14.9.1984; as the said post did not have a pre-requisite condition of participating in pre-service training, the petitioner was not sent for pre-service training; for being eligible for promotion and higher pay scale, departmental examination is required to be passed by the employees and it is obligatory Page 3 of 9 Uploaded by U. SRILATHA(HC00185) on Sat Aug 30 2025 Downloaded on : Mon Sep 01 21:58:27 IST 2025 NEUTRAL CITATION C/SCA/15151/2018 ORDER DATED: 26/08/2025 undefined on the part of the State to organize the same at regular interval i.e. twice in a year as provided in the statutory rule; the departmental examination was to be scheduled on 8.7.2010 and 9.7.2010, wherein the petitioner had to appear, however, that examination was also not conducted as per schedule and was postponed stating reason that modification of rules for departmental examination is under process. The petitioner has become eligible to receive first Higher Pay Scale in the year 1993 and second Higher Pay Scale in the year 2002 but same was not extended for want of passing the departmental examination which was not organized by the department, inspite of several representations made by the petitioner. New rules came to be published wherein also it is mandated conducting departmental examination twice a year; in 2016 and 2018, necessary forms for appearing in departmental examination were filled up and fees was also paid but examination was not conducted and therefore this petition is filed.
4. Heard learned advocates for the parties. 4.1 Learned advocate for the petitioner Ms.Pandya has submitted in all the petitions that the petitioners were derived of higher pay scale/promotion for the reason of non- passing of departmental examination which was not organized Page 4 of 9 Uploaded by U. SRILATHA(HC00185) on Sat Aug 30 2025 Downloaded on : Mon Sep 01 21:58:27 IST 2025 NEUTRAL CITATION C/SCA/15151/2018 ORDER DATED: 26/08/2025 undefined till the filing of the petition, though it is the statutory obligation on the part of the State to organize such exam twice in a year; that the State has violated its own circular dated 24.11.2004 by not conducting the examination at regular intervals and the Hon'ble Apex Court has taken note of such circular in the judgment in the case of K.K.Gohil V/s State of Gujarat and Ors., reported in 2015(9) SCC 652. 4.2 Learned advocate for the petitioner has submitted that the issue involved in this petition are already dealt with by this Court in Special Civil Application No.5262 of 2015, wherein it is observed that "inaction on the part of the government should not deprive an employee of his legitimate claim of Higher pay scale or consideration for promotion." In Special Civil Application No.6754 of 2017, dealing with the same issue, this Court directed the authorities to grant higher pay scale from their due date subject to passing the examinations and also directed the Chief Secretary of Government of Gujarat to constitute a committee to consider such types of cases and also make recommendations to the government to conduct the examination in time, however, the State has completely failed to carry out such directions. In Special Civil Application No.2146 of 2009, this Court again addressed on the same issue.
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NEUTRAL CITATION C/SCA/15151/2018 ORDER DATED: 26/08/2025 undefined 4.3 She submitted that had the departmental examination been conducted during the eligibility period, petitioners would have appeared and cleared the same but the benefit is stalled by the State for their own inaction. 4.4 She submitted that in Special Civil Application Nos.15151 of 2018, 15152 of 2018, 15153 of 2018 and 15155 of 2018, during the pendency of petition examination has been organized and petitioners appeared and the petitioner of Special Civil Application No.15151 of 2018 has passed the departmental examination and promoted to the post of Senior Clerk on 30.6.2025; petitioner of Special Civil Application No.15152 of 2018 has passed the departmental examination and promoted to the post of Senior Clerk on 30.6.2025; petitioner of Special Civil Application No.15153 of 2018 has failed in four attempts and later on retired in the year 2024; petitioner of Special Civil Application No.15155 of 2018 has attempted thrice and also appeared in the fourth attempt in July, and the result is awaited.
4.5 She submitted that as far as Special Civil Application No.15156 of 2018 is concerned, the petitioner retired on 31.7.2020, during the pendency of this petition and he was afforded only one opportunity to appear for the examination in the year 2018; further more, the petitioner Page 6 of 9 Uploaded by U. SRILATHA(HC00185) on Sat Aug 30 2025 Downloaded on : Mon Sep 01 21:58:27 IST 2025 NEUTRAL CITATION C/SCA/15151/2018 ORDER DATED: 26/08/2025 undefined had attained the age of 45 years in the year 2007 and in terms of the Government Resolution dated 1.1.1999, the petitioner was entitled to an exemption from appearing in the departmental examination.
4.6 She, therefore, submitted that in view of the above, the petitioner is entitled for Higher Pay Scale from the due date and consideration for deemed date of promotion.
5. Per contra, learned AGP Ms.Bhati has submitted that the petitioners have not passed the departmental examination and therefore they are not given the benefit of higher pay scale. However, she could not defend the contentions of the learned advocates for the petitioners that the departmental examinations were not conducted till the date of the petition and also the fact that the issue involved in these petitions is already dealt with by this Court in other petitions. She, therefore, prayed that appropriate order may be passed.
6. I have heard the learned advocates for the parties, also perused the material on record and the judgments referred to and relied upon by learned advocate for the petitioners. It is undisputed that the departmental examination was not conducted till the year 2018; that there Page 7 of 9 Uploaded by U. SRILATHA(HC00185) on Sat Aug 30 2025 Downloaded on : Mon Sep 01 21:58:27 IST 2025 NEUTRAL CITATION C/SCA/15151/2018 ORDER DATED: 26/08/2025 undefined is a policy of the Government to give exemption from appearing in such examination on attaining the age of 45 years; that the number of attempts for clearing the departmental examination are 3 (4 for reserved candidates), however, first chance was available in December, 2018 and the second was in the year 2021, by which time some petitioners have attain the age of 45 making them entitled to avail exemption.
7. In the above factual background, a reference to the judgment of the Hon'ble Apex Court in the case of K.K.Gohil (supra), is fruitful, wherein it is held that "......However, by the Circular dated 24-11-2004, the Government of Gujarat modified the earlier resolution taking note of the High Court's order and directed that in cases where for getting higher pay scales a departmental examination is necessary then in such cases it is equally necessary that the departmental examination should be organised in time. Further by Government Order dated 22-6- 2006, it was specifically brought to the notice of the Department that if the higher departmental examination is not organised during the eligibility period for getting the higher pay scales then in such case the higher pay scale benefit cannot be stalled on such ground....." Page 8 of 9 Uploaded by U. SRILATHA(HC00185) on Sat Aug 30 2025 Downloaded on : Mon Sep 01 21:58:27 IST 2025
NEUTRAL CITATION C/SCA/15151/2018 ORDER DATED: 26/08/2025 undefined
8. The same view is taken by this Court in Special Civil Application Nos.5262 of 2015, 6754 of 2017 ad 2146 of 2009, while considering the same issue of not conducting the departmental examination by the authorities, has observed that inaction on the part of the government should not deprive an employee of his legitimate claim of Higher pay scale or consideration for promotion.
9. In view of the above and considering the fact that the issue is no more res integra and decided by the Hon'ble Apex Court and also this Court in number of matters, as referred hereinabove, without entering into the further aspects of the matter, I pass the following order:
10. These petitions are partly allowed. The respondents authorities are directed to grant the first higher pay scale to the petitioner from their due date and pay the arrears thereof with interest @ 6%, within a period of six weeks from the date of receipt of this order. Rule is made absolute to the aforesaid extent.
(SANDEEP N. BHATT,J) SRILATHA Page 9 of 9 Uploaded by U. SRILATHA(HC00185) on Sat Aug 30 2025 Downloaded on : Mon Sep 01 21:58:27 IST 2025