Gujarat High Court
J D Hadiyal vs State Of Gujarat on 8 October, 2025
NEUTRAL CITATION
C/SCA/9321/2010 ORDER DATED: 08/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9321 of 2010
With
CIVIL APPLICATION (FOR STAY) NO. 3 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 9321 of 2010
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J D HADIYAL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR HEMAL A DAVE(3832) for the Petitioner(s) No. 1
SWAPNESHWAR GOUTAM(9051) for the Petitioner(s) No. 1
MR HENIL SHAH, AGP for the Respondent(s) No. 1
MR DG CHAUHAN(218) for the Respondent(s) No. 2
RULE SERVED for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 08/10/2025
ORAL ORDER
1. This petition is filed for the following prayers:
"20(A) Quash and set aside the order dated 6.4.2010, Amended Resolution No.GKV-142009-840-k.2 dtd 14/09/2020 as well as Resolution No.GKV-162016-2240-k.2 dated 24/092020 and direct the Respondents to grant to the petitioner the pay scale of Rs.10,000-15,200 w.e.f. 22.07.2002 and further Rs.56100-177500 Pay Matrix Level-10 by following the judgment dt.25.08.2004 rendered in Special Civil Application No.9467/98 and to pay the arrears with 9% interest.
(B) During the pendency and final disposal of this petition, stay the implementation of the order dated 14/09/2020 and 24/09.2020 and the Respondent No.1 and 2 may be directed Page 1 of 5 Uploaded by U. SRILATHA(HC00185) on Fri Oct 10 2025 Downloaded on : Sat Oct 11 10:49:40 IST 2025 NEUTRAL CITATION C/SCA/9321/2010 ORDER DATED: 08/10/2025 undefined to grant the pay scale of Rs.10,000-152,00 to the petitioner forthwith.
21(A) Quashing and setting aside the order dt.6.4.2010 and directing the Respondents to grant to the petitioner the pay scale of Rs.10,000-15,200 w.e.f.20.7.2002 by following the judgment dt.25.8.2004 rendered in Spl.C.A. No.9467/98 and to pay the arrears with 9% interest.
(B) During the pendency and final disposal of this petition, the Respondents No.2 may be directed to grant the pay scale of Rs.10,000-152,00 to the petitioner forthwith. (C) xxxx"
2. It is the case of the petitioner that he had been promoted for the post of Executive Engineer in the pay scale of Rs.8000-13,500 vide order dated 22.7.2002. However, the pay scale of Rs.10,000-15,200 was not granted. Petitioner approached this Court by filing Special Civil Application No.4608 of 2009, which was disposed of vide order dated 12.5.2009 directing to take appropriate decision. The respondent authorities rejected the case of the petitioner vide order dated 6.4.2010 which is challenged in the present petition for the above prayers. Pending petition, respondent passed further order seeking recovery vide order dated 14.9.2020 which is also challenged in the present petition.
3. The respondents have not filed their reply Page 2 of 5 Uploaded by U. SRILATHA(HC00185) on Fri Oct 10 2025 Downloaded on : Sat Oct 11 10:49:40 IST 2025 NEUTRAL CITATION C/SCA/9321/2010 ORDER DATED: 08/10/2025 undefined controverting the averments made in the main petition. However, respondent no.2 has filed reply in Civil Application No.3 of 2020, to which, petitioner has contraverted by filing rejoinder dated 14.12.2021.
4. At the outset, learned advocate for the petitioner has submitted that the issue involved in this petition is covered by the order of this Court dated 25.8.2004 passed in Special Civil Application No.9467 of 1998.
5. The operative portion of the said judgment dated 25.8.2004 reads as under:
"5.1 Taking into consideration the observations of the learned Single Judge in SCA no.6131 of 1995, more particularly, at paras 5 and 6, as also, keeping in mind the observations made by the Apex Court cited above, I am of the view that the petitioners are entitled to the benefit of pay revision as prescribed by the 5th Pay Commission as claimed by him and he is required to be placed in the corresponding payscale of Rs.10,000-15,200.
6.1 In view of the foregoing discussion, the petition is allowed. The respondents are directed to pay all the arrears to the petitioners on account of revised pay as well as the retiral benefits together with interest at the rate of 9% from Page 3 of 5 Uploaded by U. SRILATHA(HC00185) on Fri Oct 10 2025 Downloaded on : Sat Oct 11 10:49:40 IST 2025 NEUTRAL CITATION C/SCA/9321/2010 ORDER DATED: 08/10/2025 undefined 1st January, 1996 till the payment treating the petitioners as placed in the payscale of Rs.10,000-15,200 with effect from 1st January, 1996. The payment as directed be paid to the petitioners within four months from today. Rule is made absolute accordingly."
5. Learned AGP and learned advocate for respondent no.2 could not contravert the submission of the learned advocate for the petitioner and learned AGP has candidly stated that the State has already accepted the abovementioned judgment.
6. In view of the above, when the petitioner is similarly situated with the petitioner of Special Civil Application No.9467 of 1998 and the issue involved in this petition is covered by the said judgment, which had attained finality, there is nothing pointed out from the record to take decision otherwise.
7. Therefore, this petition is allowed by quashing and setting aside the impugned resolutions and directing the respondents to pay all the arrears to the petitioners on account of revised pay as well as the retiral benefits together with interest at the rate of 9% from 2002 till the payment treating the petitioners as placed in the payscale of Rs.10,000-15,200, by making consequential revision, and fixing Page 4 of 5 Uploaded by U. SRILATHA(HC00185) on Fri Oct 10 2025 Downloaded on : Sat Oct 11 10:49:40 IST 2025 NEUTRAL CITATION C/SCA/9321/2010 ORDER DATED: 08/10/2025 undefined the pension. The payment as directed be paid to the petitioners within four months from today. Rule is made absolute accordingly with no order as to costs.
8. In view the above order, no orders are required to be passed on the Civil Application. Hence, disposed of accordingly.
(SANDEEP N. BHATT,J) SRILATHA Page 5 of 5 Uploaded by U. SRILATHA(HC00185) on Fri Oct 10 2025 Downloaded on : Sat Oct 11 10:49:40 IST 2025