Gujarat High Court
State Of Gujarat vs Chanchalben Govindbhai Mahyawanshi on 15 July, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/416/2024 ORDER DATED: 15/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 416 of 2024
In R/SPECIAL CIVIL APPLICATION NO. 8519 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
In R/LETTERS PATENT APPEAL NO. 416 of 2024
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STATE OF GUJARAT & ORS.
Versus
CHANCHALBEN GOVINDBHAI MAHYAWANSHI & ANR.
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Appearance:
MR. SANJAY UDHWANI, ASSISTANT GOVERNMENT PLEADER for the
Appellant(s) No. 1,2,3
HIMANSHI R BALODI(8919) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 15/07/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. This is a wholly misconceived appeal seeking to challenge the judgment and order dated 19.10.2022 passed by the learned Single Judge, filed after a period of one year from the date of the decision of the learned Single Judge.
2. Heard Mr. Sanjay Udhwani, learned Assistant Government Pleader appearing for the appellants.
3. Though the delay in filing the appeal has been condoned, it Page 1 of 5 Uploaded by VARSHA DESAI(HC01393) on Fri Jul 18 2025 Downloaded on : Fri Jul 18 23:44:36 IST 2025 NEUTRAL CITATION C/LPA/416/2024 ORDER DATED: 15/07/2025 undefined is pertinent to note that the writ petition out of which the present appeal has arisen was filed by two persons appointed as Mukhya Sevika/Supervisor on 22.04.1983 and 22.06.1983 for the petitioner nos. 1 and 2; respectively. The claim of the petitioners before the writ court was for grant of the first higher pay scale i.e. 2000-3500 on completion of nine (9) years of service by virtue of the Government Resolution dated 16.08.1994. It is stated in the writ petition that the petitioner no. 1 had appeared in the departmental examination but could not succeed whereas the petitioner no. 2 passed the departmental examination in the second attempt. However, the issue of passing of the departmental examinations would be irrelevant, inasmuch as, the petitioners were agitating their grievances for non- grant of the benefit of the first higher pay scale on completion of 9 years of service in view of Government Resolution dated 16.08.1994.
4. The petitioners have relied upon the decision of this Court in Special Civil Application No. 8181 of 1998 decided on 06.08.1999 and further submitted that the said judgment has been confirmed by the Division Bench in Letters Patent Page 2 of 5 Uploaded by VARSHA DESAI(HC01393) on Fri Jul 18 2025 Downloaded on : Fri Jul 18 23:44:36 IST 2025 NEUTRAL CITATION C/LPA/416/2024 ORDER DATED: 15/07/2025 undefined Appeal No. 663 of 2000 vide judgment and order dated 28.01.2010. In the similar situation, vide another judgment and order dated 18.02.2010 rendered in Special Civil Application No. 324 of 2010 and allied matters, this Court had granted relief of higher pay scale to the petitioners therein from the date of completion of nine (9) years of service from the date of their appointment and not from the date of holding/passing of the departmental examination.
5. In the reply filed on behalf of the respondent no. 1 before the writ court, various averments have been made agitating denial of first higher pay scale as per the Government Resolution dated 16.08.1994. As per own case of the respondent before the writ court, the Recruitment Rules for the higher post of Child Development Project Officer, Class - II were published on 15.12.1989. Under the said Recruitment Rules, there is only one feeder cadre post and in the cases prior to the publication of the Recruitment Rules, higher pay scale was sanctioned as per the Government Resolution dated 16.08.1994. As per own case of the respondent, the Government Resolution dated Page 3 of 5 Uploaded by VARSHA DESAI(HC01393) on Fri Jul 18 2025 Downloaded on : Fri Jul 18 23:44:36 IST 2025 NEUTRAL CITATION C/LPA/416/2024 ORDER DATED: 15/07/2025 undefined 16.08.1994 is made effective with effect from 01.06.1987 and in cases where even the promotional post is operational after 01.06.1987, the benefit of higher pay scale was receivable.
6. The learned Single Judge in the judgment impugned refers to the similar orders dated 03.08.2022 passed in a set of writ petitions with leading petition i.e. Special Civil Application No. 5526 of 2021, wherein the detailed facts with respect to the grant of higher pay scale to the similarly situated petitioners working on the post of Mukhya Sevika as per the Government Resolution dated 16.08.1994 have been noted and approved of.
7. Having gone through the order passed by the learned Single Judge, subject matter of the challenge herein, we do not find any good ground to take any exception on the submissions made by the learned Assistant Government Pleader appearing for the State - Appellant, more so, based on the ground (h) of the memo of the appeal which is not supported by any affidavit. The contentions made in the ground (h) that the petitioner no. 2 in the original writ petition had declined promotion thrice and ultimately Page 4 of 5 Uploaded by VARSHA DESAI(HC01393) on Fri Jul 18 2025 Downloaded on : Fri Jul 18 23:44:36 IST 2025 NEUTRAL CITATION C/LPA/416/2024 ORDER DATED: 15/07/2025 undefined accepted the promotion on 01.08.2015 and therefore, became eligible for the second higher pay scale after completion of 15 years, are taken for the first time before this Court in the present appeal that too without filing any affidavit in support thereof.
8. The present appeal, thus, stands dismissed being devoid of merits.
9. In view of dismissal of main appeal, the Civil Application accordingly disposed of.
(SUNITA AGARWAL, CJ ) (D.N.RAY,J) VARSHA DESAI Page 5 of 5 Uploaded by VARSHA DESAI(HC01393) on Fri Jul 18 2025 Downloaded on : Fri Jul 18 23:44:36 IST 2025