Alpesh D Raval vs State Of Gujarat Through Additional ...

Gujarat High Court

Alpesh D Raval vs State Of Gujarat Through Additional ... on 5 December, 2025

                                                                                                                       NEUTRAL CITATION




                            C/SCA/9960/2008                                          JUDGMENT DATED: 05/12/2025

                                                                                                                       undefined




                              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                               R/SPECIAL CIVIL APPLICATION NO. 9960 of 2008

                       FOR APPROVAL AND SIGNATURE:


                       HONOURABLE MR. JUSTICE MAULIK J.SHELAT
                       =============================================

                                   Approved for Reporting                           Yes             No
                                                                                                    √
                       =============================================
                                            ALPESH D RAVAL
                                                Versus
                        STATE OF GUJARAT THROUGH ADDITIONAL CHIEF SECRETARY &
                                                 ORS.
                       =============================================
                       Appearance:
                       MR AS ASTHAVADI(3698) for the Petitioner(s) No. 1
                       MR SIDDHARTH RAMI, ASST.GOVERNMENT PLEADER for the
                       Respondent(s) No. 1,2,3
                       NOTICE SERVED BY DS for the Respondent(s) No. 1,2,3
                       =============================================

                        CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                                          Date : 05/12/2025
                                                          ORAL JUDGMENT

1. Rule returnable forthwith. Learned AGP Mr.Siddharth Rami waives service of notice of Rule for the State respondents.

2. Heard learned advocate Mr.A.S.Asthavadi appearing for the petitioner and learned AGP Mr. Siddharth Rami for the State respondents.

3. The present petition is filed under Article 226 of the Constitution of India, seeking the following prayers :

NEUTRAL CITATION C/SCA/9960/2008 JUDGMENT DATED: 05/12/2025 undefined "(A) declare and hold that the petitioner is entitled to get the first higher grade scale of Rs. 5000-8000, and (B) further be pleased to direct the respondent authorities to grant the first higher grade scale of Rs. 5000-8000 to the petitioner, w.e.f.

15.6.2001, with all consequential benefits and arrears, with interest, at the rate which the Honourable Court may consider as just and proper in the facts and circumstances of the case, and (C) award the cost of the present petition; and (D) pending admission and final disposal of this petition, the Honourable Court may be pleased to direct the respondent authorities to reconsider its stand of not granting the scale of Rs.5000-8000, as the first higher grade, and/or (E) Grant any other relief or pass any other order which the Honourable Court may consider as just and proper in the facts and circumstances of the case."

SUBMISSIONS OF THE PETITIONER :

4. At the outset, learned advocate Mr.Asthavadi would submit that the issue germane in this matter is no longer remain res integra as it is decided by this Court in various writ petitions.

4.1 Learned advocate Mr.Asthavadi relied upon the following decisions wherein the issue germane in the matter has been settled down :

(i) Bharat Kanyalal Meena and others vs. State of Gujarat and others, being Special Civil Application No.4685 of 2020 and allied matters, decided on 02.07.2024.

(ii) Hargovan Karamshibhai Desai and others vs. State of Gujarat and others, being Special Civil Application No.7328 of 2018 and allied matters, decided on 29.04.2024.

NEUTRAL CITATION C/SCA/9960/2008 JUDGMENT DATED: 05/12/2025 undefined

(iii) Hargovan Karamshibhai Desai and others vs. State of Gujarat and others, being Letters Patent Appeal No.424 of 2025 and allied matters, decided on 27.03.2025.

(iv) Kalpeshkumar Punjabhai Prajapati and others vs. State of Gujarat and others, being Special Civil Application No.4368 of 2020 and allied matters, decided on 20.02.2024.

4.2 According to learned advocate Mr.Asthavadi, in view of the aforesaid decisions passed by this Court, the petitioner is entitled to receive the benefit of the first higher pay-scale of Rs.5000-8000, instead of Rs.4500-7000 w.e.f. 15.06.2001. It is further submitted that during the pendency of this matter, even the State, through its Resolution dated 12.10.2022, having accepted the heartburning of the petitioner like other teachers, accepted that they are entitled to receive the higher pay-scale of Rs.5000-8000, instead of Rs.4500-7000, but given notional effect and made it effective only from 12.10.2022, which was challenged by various petitions in the aforesaid writ petitions and the same has been interfered with by this Court.

4.3 Thus, learned advocate Mr.Asthavadi would humbly submit that the benefit which was passed on to other similarly situated petitioners as aforesaid, similar treatment also be meted out to the present petitioner by the respondents.

4.4 Making the above submission, learned advocate Mr.Ashtavadi would humbly request this Court to allow the present petition.

NEUTRAL CITATION C/SCA/9960/2008 JUDGMENT DATED: 05/12/2025 undefined SUBMISSIONS OF THE RESPONDENTS :

5. Per contra, learned AGP Mr.Siddharth Rami, under the instructions of his client, states that the Government did issue the aforesaid Government Resolution dated 12.10.2022 whereby the first higher pay-scale of Rs.4500-7000 get changed to Rs.5000-8000, but its effect was given from 12.10.2022 and so far as arrears is concerned, only notional benefit is considered.

5.1 Nonetheless, learned AGP Mr.Rami is unable to dispute the position of law standing as on date, in view of the aforesaid decisions cited by learned Advocate Mr.Asthavadi whereby the petitioner may be similarly situated like the other petitioners of the aforesaid petitions.

ANALYSIS :

6. Having heard learned Advocates for the respective parties and without much adverting to the facts germane in the matter, it is not a disputed fact that the petitioner is similarly situated with the petitioners of the aforesaid petitions, thereby entitled to receive the first higher pay-scale of Rs.5000-8000, instead of Rs.4500-7000. Even the Government Resolution dated 12.10.2022 giving such benefit, albeit notionally upto 12.10.2022, is interfered with by two Coordinate Benches of this Court and also confirmed by the Division Bench of this Court, which is not in dispute.

NEUTRAL CITATION C/SCA/9960/2008 JUDGMENT DATED: 05/12/2025 undefined CONCLUSION :

7. In light of the aforesaid facts and the position of law standing as on date, I am also of the same view that the petitioner is entitled to receive the benefit of the first higher pay-scale of Rs.5000-8000 from 15.06.2001.

8. Accordingly, the respondents are hereby directed to calculate the difference of the first higher pay-scale payable to the petitioner within a period of 3 months from the date of receipt of a copy of this order. All arrears/difference of pay shall be paid to the petitioner not later than 31.03.2026, failing which the petitioner is entitled to receive such arrears amount with 9% simple interest from 01.04.2026 thereon.

9. It goes without saying that once the petitioner is put in the first higher pay-scale of Rs.5000-8000 by the respondent, regular salary be paid, accordingly.

10. In view of the aforesaid reasons and conclusion, the present petition is partly allowed. Rule is made absolute, to the aforesaid extent. No order as to costs. Direct service is permitted.

(MAULIK J. SHELAT, J) GAURAV J THAKER Page 5 of 5 Uploaded by GAURAV J THAKER(HC00951) on Fri Dec 05 2025 Downloaded on : Sat Dec 20 00:51:39 IST 2025