Gujarat High Court
Laljibhai Kanjibhai Samecha vs The Gujarat State Land Development ... on 28 April, 2026
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/6488/2025 JUDGMENT DATED: 28/04/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO.6488 of 2025
FOR APPROVAL AND SIGNATURE :
HONOURABLE MR. JUSTICE NIRZAR S. DESAI
=========================================
Approved for Reporting Yes No
YES
=========================================
LALJIBHAI KANJIBHAI SAMECHA & ORS.
Versus
THE GUJARAT STATE LAND DEVELOPMENT CORPORATION LIMITED & ANR.
=========================================
Appearance :
MS DHRUVI DESAI WITH MS HARSHAL N PANDYA for the Petitioners.
MR HS MUNSHAW for the Respondent No.1.
MR HENIL SHAH, AGP for the Respondent No.2.
=========================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 28/04/2026
ORAL JUDGMENT
1. Heard learned advocate Ms. Dhruvi Desai for Ms. Harshal Pandya appearing for the petitioners, learned advocate Mr. H. S. Munshaw appearing for respondent No.1 - Gujarat State Land Development Corporation Limited, and learned Assistant Government Pleader Mr. Henil Shah appearing for respondent No.2 - State.
2. The draft amendment tendered by learned advocate Ms. Dhruvi Desai for the petitioners is taken on record and granted. To be carried out forthwith.
Page 1 of 8 Uploaded by R.N. SAVARIYA(HC00179) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:37:19 IST 2026NEUTRAL CITATION C/SCA/6488/2025 JUDGMENT DATED: 28/04/2026 undefined
3. With the consent of the learned advocates appearing for the respective parties, the matter was taken up for final hearing. Hence, RULE. Learned advocate Mr. H. S. Munshaw waives service of rule on behalf of respondent No. 1 - Gujarat State Land Development Corporation Limited, and learned Assistant Government Pleader Mr. Henil Shah waives service of rule on behalf of respondent No. 2 - State.
4. By way of this petition, the petitioners have prayed for the following reliefs :-
"The petitioners pray that, on the basis of the facts and circumstances as mentioned hereinabove and which may be urged at the time of hearing, the Honourable Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction to the respondent authorities and may be pleased to :-
(A) declare and hold that the action of respondent authorities of not extending benefit of first higher grade scale of Rs.5200-20200, GP 2800 (revised 29200-92300 as per 7th Pay Commission) of the cadre of Field Supervisor on the ground of non- passing of departmental examination is illegal, arbitrary, discriminatory and contrary to the settled position of law, and (B) further be pleased to hold that petitioners are Page 2 of 8 Uploaded by R.N. SAVARIYA(HC00179) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:37:19 IST 2026 NEUTRAL CITATION C/SCA/6488/2025 JUDGMENT DATED: 28/04/2026 undefined entitled to receive first higher pay scale from their due dates, and accordingly, direct the respondent authorities to extend the benefit of first higher pay scale of Field Supervisor Rs.5200-20200, grade pay Rs.2800 (revised 29200-92300 as per 7 th Pay Commission) to the petitioners from their due dates forthwith and pay arrears thereof with 9% interest, and (C) award the exemplary cost of present petition, and (D) pending admission and final disposal of this petition, this Honourable Court may be pleased to direct the respondent authorities to grant first higher pay scale to the petitioners from their due dates subject to their passing of departmental examination, and/or (E) grant any other relief or pass any other order which the Honourable Court may consider as just and proper in the facts and circumstances of the case."
5. It is the case of the petitioners, as canvassed by learned advocate Ms. Harshal Pandya that the petitioners joined the service in 2012 as Field Assistants (Soil Conservation), Class-III in respondent No.1 - Corporation. They were initially appointed on a fixed pay of Rs. 5,300/- for the first five years, and thereafter were placed in the regular pay scale of Rs. 5,200-20,200 with Grade Pay Page 3 of 8 Uploaded by R.N. SAVARIYA(HC00179) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:37:19 IST 2026 NEUTRAL CITATION C/SCA/6488/2025 JUDGMENT DATED: 28/04/2026 undefined of Rs.2,400/-. However, such benefits were granted belatedly in the year 2021 with retrospective effect. As per the revised pay scale granted to them under the 7th Pay Commission, they are presently drawing pay in the scale of Rs.25,500-81,100. At present, the petitioners are on deputation but are under the complete administrative control of respondent No.1 Corporation. The petitioners are seeking the benefit of a higher pay scale.
6. Though the petitioners have passed the CCC examination and the pre-service training examination, they have not been able to clear the departmental examination, as respondent No.1 Corporation has neither framed nor published any Rules requiring employees to pass such an examination for promotion. Moreover, no such departmental examination was conducted after their appointment till the time they became eligible for the first higher pay scale.
7. At this juncture, learned advocate Mr. Munshaw pointed out, from the affidavit in reply, that the departmental examination, after the petitioners' appointment in the year 2012, was conducted in the year 2021, in which the petitioners could not clear the examination for promotion. However, learned advocate Mr. Munshaw fairly submitted that, except for the said departmental examination held in 2021, no other departmental examination for promotion has been conducted by respondent No.1 Corporation till date.
8. Learned advocate Ms. Harshal Pandya pointed out that, in similar facts, a Co-ordinate Bench of this Court, taking into consideration the respondent's failure to conduct the departmental Page 4 of 8 Uploaded by R.N. SAVARIYA(HC00179) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:37:19 IST 2026 NEUTRAL CITATION C/SCA/6488/2025 JUDGMENT DATED: 28/04/2026 undefined promotional examination, in the case of Ganpatbhai Adlabhai Rathva versus State of Gujarat in Special Civil Application No.15597 of 2019, decided on 30.03.2022, which pertains to the same cadre of the same Corporation, the Co-ordinate Bench of this Court has considered the aforesaid aspect and directed the respondents to extend the benefit of the first higher grade pay scale for Field Supervisors to the petitioner from their date of eligibility, i.e. on completion of 10 years of service.
9. In the instant case, as per the Government Resolution dated 19.10.2022, the petitioners, according to learned advocate Ms. Harshal Pandya, are eligible and entitled to the first higher pay scale upon completion of 10 years of service from the date of the Government Resolution. Therefore, the petitioners are required to be granted the benefit of the first higher pay scale from the date of the Government Resolution, i.e. 19.10.2022.
10. As stated earlier, learned advocate Mr. Munshaw, appearing for respondent No.1 Corporation, could not dispute the fact that, except for the year 2021, no departmental promotional examination has been conducted by the respondent No.1 Corporation. He also could not dispute that, in respect of identically situated persons, when a Co-ordinate Bench of this Court, vide its judgment dated 30.03.2022, directed the respondent Corporation to extend the benefit of the first higher pay scale to the concerned petitioner, the said order was complied with by the respondent Corporation.
11. In view of the above, as it is not in dispute that the respondent Corporation has not conducted any departmental Page 5 of 8 Uploaded by R.N. SAVARIYA(HC00179) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:37:19 IST 2026 NEUTRAL CITATION C/SCA/6488/2025 JUDGMENT DATED: 28/04/2026 undefined promotion examination except for the year 2021, in which the petitioners were unsuccessful, and no other examination has ever been held, thereafter it follows that, as per the Government Resolution dated 19.10.2022, the petitioners had completed 10 years of service on the date of the Government Resolution. This fact, as stated by the petitioners, was not disputed by learned advocate Mr. Munshaw. Therefore, the petitioners are eligible for the first higher pay grade scale upon completion of 10 years of service.
12. The Co-ordinate Bench of this Court, in the case of Ganpatbhai Adlabhai Rathva v. State of Gujarat in Special Civil Application No.15597 of 2019, decided on 30.03.2022 observed in paragraphs 5 to 7 as under :-
"5. Perusal of the affidavit-in-reply would indicate that attempts were made by the Board of Directors of the Corporation to get the examinations held through the Agriculture University at Anand. Resolution is placed on record. The university refused to conduct such examination which was conveyed to the Corporation. Admittedly therefore from a perusal of paragraphs no. 4 and 5 of the reply of the Corporation it is evident that no departmental examinations were held and therefore denial of the higher pay scale only on the ground of the petitioners' inability to pass such examinations is misconceived. For no fault of theirs the petitioners who were otherwise willing to take such examinations could be blamed. Inability to hold Page 6 of 8 Uploaded by R.N. SAVARIYA(HC00179) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:37:19 IST 2026 NEUTRAL CITATION C/SCA/6488/2025 JUDGMENT DATED: 28/04/2026 undefined examinations is an admitted statement made in the affidavit-in-reply.
6. As is also evident from the order dated 21.01.2009 that persons who were appointed as Field Supervisors with the Corporation, were granted benefit of first higher grade scale on completion of 9 years of service which was the requisite period of service at the relevant point of time. The communication dated 21.03.2018 therefore holding that the petitioners cannot get the higher pay scale on the ground that they did not pass the departmental examinations is held to be bad.
7. The petition is allowed. The respondents are directed to extend the benefit of first higher grade scale of Field Supervisor to the petitioners from their date of eligibility i.e. on completion of 12 years from their initial date of appointment. The respondents are directed to comply with the present order within a period of ten weeks from the date of receipt of the writ of the order of this Court. Rule is made absolute."
13. At the relevant point of time, since the Government Resolution dated 19.10.2022 was not in existence, what was considered were the failures in being eligible for the first higher pay scale. However, after the aforesaid judgment was delivered, the Government Resolution dated 19.10.2022 now provides for the Page 7 of 8 Uploaded by R.N. SAVARIYA(HC00179) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:37:19 IST 2026 NEUTRAL CITATION C/SCA/6488/2025 JUDGMENT DATED: 28/04/2026 undefined first higher pay scale upon completion of 10 years of service, even if the 10 year period was completed prior to the date of the Government Resolution. Accordingly, in view of the observations made in the case of Ganpatbhai Adlabhai Rathva (supra), and based on the fact that the departmental promotion examination could not be conducted except in the year 2021, the petitioners are held eligible and entitled to the first higher pay scale. The respondents are directed to grant the benefit of the first higher pay scale to each of the petitioners upon completion of 10 years of service, as per the Government Resolution dated 19.10.2022, within a period of three months from today, from the date of their entitlement, i.e., from the date of the Government Resolution.
14. With the above observations, the petition is allowed. Rule is made absolute. No order as to costs.
(NIRZAR S. DESAI,J) SAVARIYA Page 8 of 8 Uploaded by R.N. SAVARIYA(HC00179) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:37:19 IST 2026