Gujarat High Court
Harshang Pravinchandra Pathak vs State Of Gujarat on 16 September, 2025
NEUTRAL CITATION
C/SCA/849/2020 JUDGMENT DATED: 16/09/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 849 of 2020
With
R/SPECIAL CIVIL APPLICATION NO. 846 of 2020
With
R/SPECIAL CIVIL APPLICATION NO. 847 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE SANDEEP N. BHATT
==========================================================
Approved for Reporting Yes No
✓
==========================================================
HARSHANG PRAVINCHANDRA PATHAK
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS HARSHAL N PANDYA(3141) for the Petitioner(s) No. 1
DR. POOJA ASHAR, AGP for the Respondent(s) No. 1 - STATE IN ALL THE
CAPTIONED PETITIONS
NOTICE SERVED for the Respondent(s) No. 1,2
==========================================================
CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 16/09/2025
COMMON ORAL JUDGMENT
1. Rule returnable forthwith. Learned advocate for the respondent waives service of notice of rule on behalf of respondent. With the consent of the parties, the matter is heard at length for final hearing.
2. Since the issues involved in the present petitions are almost identical in nature, hence, at the request of learned advocates for the respective parties, the matters are heard together and decided together and Special Civil Application Page 1 of 11 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Sep 19 2025 Downloaded on : Sat Sep 20 04:10:05 IST 2025 NEUTRAL CITATION C/SCA/849/2020 JUDGMENT DATED: 16/09/2025 undefined No. 849 of 2020 is considered as lead matter.
3. The present lead petition i.e. Special Civil Application No. 849 of 2020 is filed for seeking the following reliefs:
"6. The petitioners pray that, on the basis of the facts and circumstances of the case as mentioned hereinabove and which may be urged at the time of hearing, the Honorable Court may be pleased to issue a writ of mandamus and/or certiorari or any other appropriate writ, order or direction to the respondent authorities and may be pleased to :-
(A) quash and set aside order of reversion dated 26.09.2016, Annexure-A to the petition, and (B) further be pleased to direct the respondent authorities to restore the position of petitioner prevailing prior to the order of reversion, and (C) award the cost of petition, and (D) pending admission and final disposal of this petition, the Hon'ble Court may be pleased to direct the respondent authorities to reconsider the decision of reversion in view of attaining 50 years of age much before order of reversion and has thus become entitled for exemption from passing such exam as per GR dated 20.06.2015, and/or (E) grant any other relief or pass any other order which Page 2 of 11 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Sep 19 2025 Downloaded on : Sat Sep 20 04:10:05 IST 2025 NEUTRAL CITATION C/SCA/849/2020 JUDGMENT DATED: 16/09/2025 undefined the Honorable Court may consider as just and proper in the facts and circumstances of the case."
4. Heard Ms. Harshal Pandya, learned advocate for the petitioner and Dr. Pooja Ashar, learned AGP for the respondent-State.
5. At the outset, it is fruitful to refer the judgment dated 22.06.2017 passed by the Co-ordinate Bench of this Court in Special Civil Application No. 9031 of 2014 and allied matters, more particularly, paragraphs 3 to 14 are relevant, which read thus:
"3. By way of these petitions, petitioners have challenged order dated 17.6.2014 passed by respondent No.3 herein by which the petitioners are reverted from the post of Head Clerk / Senior Assistant (Class-III) to the post of Senior Clerk (Class-III).
4. All the petitioners of these cases were appointed as Junior Clerks on different dates approximately around the year 1997. Thereafter, they have been given promotion to the post of Senior Clerk on terms and conditions mentioned in their respective orders. Later on, petitioners have been promoted from the post of Junior Clerk to Senior Clerk (Class-III) by respective orders between the year 2008 to 2011. They were further promoted from the post of Senior Clerk (Class-III) to the post of Senior Assistant / Head Page 3 of 11 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Sep 19 2025 Downloaded on : Sat Sep 20 04:10:05 IST 2025 NEUTRAL CITATION C/SCA/849/2020 JUDGMENT DATED: 16/09/2025 undefined Clerk (Class-III) on respective terms and conditions. The pay scale attached to the post of Senior Clerk was Rs.4000- 000 whereas, pay scale attached to the Senior Assistant (Class-III) was Rs.5000-8000 at the relevant point of time. Copies of appointment letters of the petitioners have been attached with petitions. It is further the case of the petitioners that after promotion, they made themselves available for taking training and for appearing in examination of CCC in respective ITIs and deposited required fees. General Administration Department of State of Gujarat issued Government Resolution dated 30.9.2006 for the purpose of preparation, training and examination of computer concept. In the said resolution, it was stated that Government employees falling under Class-III were required to pass Course on Computer Concept (CCC), whereas, Class- and Class-II officers of the Government were required to pass CCC+ examination. It was also mentioned in this resolution that examinations were to be passed by the employees who were direct recruitees/ employees and who were promoted from one cadre to another cadre. The training for the said examination can be taken from ITI centers managed by the Gujarat Council of Vocational Training, Gandhinagar and SPIPA, Ahmedabad. Thereafter, Government passed various resolutions from time to time for passing CCC / CCC+ examination. On 22.7.2013, the State Government issued circular in which it was stated that for grant of higher pay scale / promotion, the aforesaid examination required to be passed and for passing the said examination, time limit was extended upto 30.6.2013. Thereafter, Government seems to have passed other Page 4 of 11 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Sep 19 2025 Downloaded on : Sat Sep 20 04:10:05 IST 2025 NEUTRAL CITATION C/SCA/849/2020 JUDGMENT DATED: 16/09/2025 undefined resolution; wherein, it has been stated that the employees who had passed CCC / CCC+ examination were entitled to get promotion and higher grade pay scale and if the employees have not passed the said examination, they were not entitled to get promotion/ higher grade pay scale. It was further stated in the Circular that the concerned department/ head of the departments have to prepare a list of such employees / officers for sending the employees for training in CCC/CCC+. Further, on 1.3.2014, Government passed another resolution; wherein, it was decided that Gujarat Technical University (GTU) was recognized Institute for taking CCC/CCC+ training examination and Government Polytechnic and Government Engineering Colleges would conduct these examinations. The grievance of the petitioners is that vide order dated 17.6.2014, respondent No.3 has decided that petitioners who have not passed CCC examination were to be reverted from the post of Senior Assistant to the post of Senior Clerk. Being aggrieved by the orders dated 17.6.2014, the petitioners approached this Court by way of filing different petitions.
5. This case has been contested by the respondents by filing detailed reply. Respondents in their reply have justified their action by stating that they have taken decision to revert the petitioners in view of the instructions of the State Government that those employees who have not cleared CCC/ CCC+ examination were required to be reverted. As the petitioners have not cleared such examination, they were rightly reverted and as such, petitions were liable to be dismissed.Page 5 of 11 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Sep 19 2025 Downloaded on : Sat Sep 20 04:10:05 IST 2025
NEUTRAL CITATION C/SCA/849/2020 JUDGMENT DATED: 16/09/2025 undefined
6. This Court has considered the submissions of both the sides.
7. Learned counsel for the petitioners has produced a list of the petitioners who have passed CCC examination during pendency of the petitions. According to this list, following petitioners have passed CCC examination.
Sr. SCA No. Name of the Exam Form Exam
No. petitioner Details Result
1 9031/2014 Kamal H.Patel 28.05.2010 09/09/14
2 9034/2014 Prakash B.Joshi 19.05.2011 09/09/14
3 10847/2014 Mahendra Sadhu 23.11.10 05/09/14
26.12.13
4 3627/2015 Kiran Parmar June, 2012 18/01/14
5 3628/2015 Sandip A. Joshi --- 15.09.14
6 3630/2015 Altaf H.Makwa 25.06.2012 27.2.2015
03.01.2015
7 3631/2015 Arunbhai M.Patel Yr. 2012 09/04/15
17.03.2015
8. He has also mentioned the name of the petitioners who are yet to pass CCC examination, which are as under:
Sr. SCA No. Name of the Exam Form Exam
No. petitioner Details Result
1 10846/2014 Pankaj L.Parmar 22.03.2010 ---
Page 6 of 11
Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Sep 19 2025 Downloaded on : Sat Sep 20 04:10:05 IST 2025
NEUTRAL CITATION
C/SCA/849/2020 JUDGMENT DATED: 16/09/2025
undefined
2 3629/2015 Mohanbhai --- ---
S.Thakor
3 3632/2015 Mukesh R.Panchal --- ---
4 3633/2015 Mahesh K.Patel --- ---
9. Learned counsel has also drawn attention of this Court to the earlier decision passed by this Court in Special Civil Application No.2146 of 2009 dated 31.3.2009; wherein, it has been held as under:
"14. Even otherwise, considering the fact that when since 1991, the departmental promotional examination has not been conducted by the respondent-State and when the petitioner was always ready and willing to appear in the examination and had twice filled up the form, petitioner cannot be denied the benefit of higher grade scale on completion of 9 (nine) years service solely on the ground that petitioner has not passed departmental promotional examination, which is not conducted by the State since 1991. To deny the benefit of higher grade scale to the petitioner on the ground that petitioner has not passed departmental promotional examination would be penalizing the petitioner/employee for their no fault. It is also required to be noted that even in the present Special Civil Application also, in paragraph 13 of petition, petitioner undertakes to appear and pass the examination within the prescribed trials whenever it is held. Under the circumstances, petitioner can be extended the benefit of first higher Page 7 of 11 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Sep 19 2025 Downloaded on : Sat Sep 20 04:10:05 IST 2025 NEUTRAL CITATION C/SCA/849/2020 JUDGMENT DATED: 16/09/2025 undefined grade scale subject to petitioner appearing and passing the examination within the prescribed trials henever it is held.
15. For the reasons stated above, petition succeeds. Respondents are directed to grant the actual benefit of first higher grade scale as per the order dated 10.12.2004 from the date of completion of 9 (nine) years as Head Constable, Driver Mechanic Grade-I subject to the petitioner appearing and passing the examination for the post of Police Sub Inspector- Motor Transport within the prescribed trial(s) whenever it is held. Petitioner shall be paid the arrears within a period of 2 (two) months from today and is continued to pay the benefit of first higher grade pay scale".
10. As has been held in the aforementioned decision, the petitioners were held entitled to the benefit of higher grade pay scale from the date of their promotion and not from the date of clearing of the examination. This was particularly so, as the respondents themselves could not conduct the examinations or impart training as originally planned.
11. He has also referred to the decision of this Court in the case of Patel Rupamkumar Babubhai V/s. State of Gujarat reported in 2016 SCC OnLine Guj 1673; wherein, it has been held as under.
"12. As argued before this Court and not controverted, employees are waiting in large number Page 8 of 11 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Sep 19 2025 Downloaded on : Sat Sep 20 04:10:05 IST 2025 NEUTRAL CITATION C/SCA/849/2020 JUDGMENT DATED: 16/09/2025 undefined for their turn to arrive in the said examination. Realizing that number of recognized institutes being limited and their difficulty in managing this huge task, various Universities have now been recognized for the purpose. Therefore, rather than addressing this large issue in this petition, it would suffice to hold that those of them who already applied for the said CCC Examination and for want of availability of seats are deprived of chance to clear the same before their completion of 9 years' period, benefit should be given to them by the State.
13. Resultantly, all the petitions are allowed. The respondent No.3 - authority shall grant first higher grade pay scale to all the petitioners on their producing CCC certificate before the concerned authority and their date of application to appear for such examination at the earliest but not later than two weeks on receipt of copy of the order".
12. Admittedly, in the present case, out of 11 petitioners, 7 petitioners have cleared the CCC examination during the pendency of these petitions. Their petitions can be allowed. Ordered accordingly.
13. However, considering the case of the petitioners viz.Pankaj L.Parmar, Mohanbhai S.Thakor, Mukesh R.Panchal and Mahesh K.Patel, they can be given a chance to clear such examination whenever the next exam is conducted.
14. However, petitioners will not be reverted till they are Page 9 of 11 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Sep 19 2025 Downloaded on : Sat Sep 20 04:10:05 IST 2025 NEUTRAL CITATION C/SCA/849/2020 JUDGMENT DATED: 16/09/2025 undefined allowed to appear and clear CCC examination by giving them one chance. These petitions stand disposed of accordingly."
6. It is also fruitful to refer the judgment dated 23.04.2018 passed by the Division Bench of this Court in Letters Patent Appeal No. 479 of 2018 and allied matters.
7. In light of the above two decisions, it transpires that the aforesaid order dated 22.06.2017 passed by the Co-
ordinate Bench of this Court in Special Civil Application No. 9031 of 2014 and allied matters is confirmed by the Division Bench by way judgment dated 23.04.2018 passed in Letters Patent Appeal No. 479 of 2018 and allied matters.
8. In view of the above observation, admittedly, the present petitions are identical to the abovementioned case.
9. Hence, where the petitioners have cleared the CCC examination, the captioned petitions of those petitions are required to be allowed in terms of prayer clause and accordingly, those petitions are allowed.
10. Furthermore, in the captioned petitions, where the petitioners have not cleared the CCC examination, those petitioners can be given a chance to clear such examination Page 10 of 11 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Sep 19 2025 Downloaded on : Sat Sep 20 04:10:05 IST 2025 NEUTRAL CITATION C/SCA/849/2020 JUDGMENT DATED: 16/09/2025 undefined whenever the next examination will be conducted. However, the petitioners will not be reverted till they are allowed to appear and clear CCC examination by giving them one chance.
11. Hence, all the above petitions are disposed of, accordingly. Rule is made absolute to the aforesaid extent.
(SANDEEP N. BHATT,J) DIWAKAR SHUKLA Page 11 of 11 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Sep 19 2025 Downloaded on : Sat Sep 20 04:10:05 IST 2025