Gujarat High Court
State Of Gujarat Through Additional ... vs Roosevelt G Shah on 3 September, 2025
Author: A. S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/LPA/880/2016 ORDER DATED: 03/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 880 of 2016
In R/SPECIAL CIVIL APPLICATION/1858/2011
With
R/LETTERS PATENT APPEAL NO. 881 of 2016
In
R/SPECIAL CIVIL APPLICATION NO. 4166 of 2011
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STATE OF GUJARAT THROUGH ADDITIONAL SECRETARY & ANR.
Versus
ROOSEVELT G SHAH & ANR.
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Appearance:
MR AAKASH GUPTA, AGP for the Appellant(s) No. 1,2
MR HS MUNSHAW(495) for the Respondent(s) No. 2
MR M.M. KADIWALA on behalf of MR VAIBHAV A VYAS(2896) for the
Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE R. T. VACHHANI
Date : 03/09/2025
COMMON ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. Today, when the matter is called out, learned advocates for the respective parties have pointed out the judgment and order dated 07.10.2024 passed in Letters Patent Appeal No.98 of 2015, and have submitted that the issue in the present Letters Patent Appeals, is squarely covered by the said judgment and order, and the matter may be disposed of in terms of the said judgment and order. In the present Letters Patent Appeals, the appellants have raised the issue about the pay protection.
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2. On an identical issue, this Court in the judgment and order dated 07.10.2024 has observed in paragraph No.9 as under:
"9. Thus, the issue only confines to the "pay protection of the higher pay-scale", which the respondent - employee had received while they were serving in the Corporation and thereafter, they have been declared surplus. The Gujarat Fisheries Development Corporation Limited issued the Circular dated 06.07.1998 since it was being closed down for its employees either to seek voluntary retirement or on being declared as surplus, they would be absorbed in other departments on the conditions, as mentioned in the said circular. One of the conditions of the circular is condition No.5, which will govern the issue, which has been raised before us. The said condition specifically stipulates that the "basic pay" of the surplus employees / officers will be protected, whereas in case they are appointed in other department, "the higher pay- scale", which they have already received will not be protected. This vital aspect, which governs the issue has not been considered by the learned Single Judge. It is not in dispute that the basic pay of the respondent - employees are protected."
3. Thus, the present Letters Patent Appeals are disposed of in terms of the judgment and order dated 07.10.2024 passed in Letters Patent Appeal No.98 of 2015.
Registry is directed to place a copy of this order, in each of the captioned connected matter(s).
Sd/- .
(A. S. SUPEHIA, J)
Sd/- .
(R. T. VACHHANI, J)
MVP/27
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