Gujarat High Court
State Of Gujarat Through ... vs Devendra Arvindbhai Patel on 9 October, 2025
NEUTRAL CITATION
C/SCA/12352/2020 ORDER DATED: 09/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12352 of 2020
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STATE OF GUJARAT THROUGH COMMISSIONERATE OF TECHNICAL
EDUCATION
Versus
DEVENDRA ARVINDBHAI PATEL & ANR.
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Appearance:
MS POOJA ASHAR, AGP for the Petitioner(s) No. 1
MR KIRIT R PATEL(2802) for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 09/10/2025
ORAL ORDER
1. This petition is filed for the following prayers:
"7(A) Your Lordship may be pleased to admit and allow this petition;
(B) Your Lordships may be pleased to issue writ, order direction of certiorari and/or any other writ in the nature of certiorari to quash and set aside the impugned judgment and award dated 14.11.2019 passed by the Learned Gujarat Civil Services Tribunal, Gandhinagar in Appeal No.64 of 2018;
(C) Pending hearing and final disposal of the present petition, Your Lordship may be pleased to stay the implementation, execution and operation of the impugned judgment and award dated 14.11.2019 passed by the Learned Gujarat Civil Services Tribunal, Gandhinagar in Appeal Page 1 of 4 Uploaded by U. SRILATHA(HC00185) on Tue Oct 14 2025 Downloaded on : Tue Oct 14 23:26:23 IST 2025 NEUTRAL CITATION C/SCA/12352/2020 ORDER DATED: 09/10/2025 undefined No.64 of 2018;
(D) xxxxx"
2. The brief facts leading to filing of this petition are such that the respondent no.1 was appointed in the year 1988 and the first higher pay scale came to be granted on 24.8.1997. He retired on 30.9.2016. It is the case of the respondent no.1 that he has completed 15 years of service on 28.4.2012 and as per the provisions of the G.R. dated 2.7.2007, he is entitled for the second higher pay scale; that he is entitled to get the higher pay scale from 28.4.2012 and that the petitioner, vide order dated 15.10.2014, has denied to grant the higher pay scale on the ground of adverse remarks in annual confidential report for the year 2012-13; therefore, the respondent no.1 preferred appeal before the learned Gujarat Service Tribunal, Gandhinagar against the order dated 15.10.2014 passed by the petitioner, to which the petitioner filed the reply, however, the learned Tribunal allowed the Appeal No.64 of 2018 by passing the impugned judgment dated 14.11.2019. Therefore, this petition is filed by the petitioner.
3. Heard learned AGP for the petitioner and learned advocate Mr.Raval for the respondent no.1. Page 2 of 4 Uploaded by U. SRILATHA(HC00185) on Tue Oct 14 2025 Downloaded on : Tue Oct 14 23:26:23 IST 2025
NEUTRAL CITATION C/SCA/12352/2020 ORDER DATED: 09/10/2025 undefined
4. Learned AGP has submitted that the learned Tribunal has erred in granting benefit of Second Higher Pay Scale ignoring adverse remarks in service record of the respondent no.1 for the year 2012-13.
5. At this stage, respondent no.1 has fairly conceded that except for the year 2012-13 wherein the adverse remarks are marked, if the respondent no.1 is entitled for Second Higher Pay Scale considering the subsequent years of service, then the he may be considered for grant of Second Higher Pay Scale.
6. Considering the same, this petition is allowed by quashing and setting aside the impugned judgment and award dated 14.11.2019 passed by the Learned Gujarat Civil Services Tribunal, Gandhinagar in Appeal No.64 of 2018. However, right is reserved in favour of the respondent no.1 to approach the State Authority by filing representation, to grant Second Higher Pay Scale in accordance with law excluding the adverse remarks for the year 2012-13 and by considering the subsequent ACRs. On receipt of any such representation by the respondent no.1, the petitioner is directed to consider the case of the respondent no.1, if he is found eligible and entitled, in accordance with GRs dated 7.2.1995, 2.7.2007 and after verifying the service record of Page 3 of 4 Uploaded by U. SRILATHA(HC00185) on Tue Oct 14 2025 Downloaded on : Tue Oct 14 23:26:23 IST 2025 NEUTRAL CITATION C/SCA/12352/2020 ORDER DATED: 09/10/2025 undefined the respondent no.1. The said exercise shall be completed within 12 weeks from the date of receipt of such representation. If the State reaches to a negative opinion of not extending the benefits to the respondent no.1, then a detailed reasoned order shall be passed within 6 weeks from the date of receipt of such representation. It is needless to say that the respondent no.1 is at liberty to challenge the same, in case of difficulty.
(SANDEEP N. BHATT,J) SRILATHA Page 4 of 4 Uploaded by U. SRILATHA(HC00185) on Tue Oct 14 2025 Downloaded on : Tue Oct 14 23:26:23 IST 2025