Gujarat High Court
Shushilaben Sadashiv Shukla vs State Of Gujarat on 6 August, 2021
Bench: Bhargav D. Karia
C/SCA/10949/2018 JUDGMENT DATED: 06/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10949 of 2018
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE BHARGAV D. KARIA
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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SHUSHILABEN SADASHIV SHUKLA
Versus
STATE OF GUJARAT & 3 other(s)
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Appearance:
SHREYPRATAP S SINGH(9297) for the Petitioner(s) No. 1
MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 06/08/2021
ORAL JUDGMENT
Heard learned advocate Mr.Shreypratap Singh for
the petitioner and learned Assistant Government
Pleader Mr.Jayneel Parikh for the respondent states.
1. Rule, returnable forthwith. Learned Assistant
Government Pleader Mr.Jayneel Parikh waives service
no notice of rule on behalf of the respondents.
C/SCA/10949/2018 JUDGMENT DATED: 06/08/2021
2. By this petition under Article 226 of the
Constitution of India, the petitioner has prayed for
the following reliefs :
"(A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the
nature of mandamus or any other appropriate writ, order or directions directing the
respondent authorities to grant the benefit of higher grade scale at the interval of 9-
20-31 years, specifically the pay grade of 20 years and 31 years to the petitioner
association along with differential amount of salary and all consequential benefits
within the time stipulated that may be deemed fit by Hon'ble Court;
(B) During the pendency and final disposal of the present petition YOUR
LORDSHIPS may be pleased to direct the respondent authority to grant the benefit
of higher grade scale at the interval of 9-20-31 years specifically the Pay grade of 20
years and 31 years to the petitioner along with differential amount of Salary and all
consequential benefits within the time stipulated that may be deemed fit by this
Hon'ble Court;
(C) Pass any Such other and/or further Orders that may be thought Just and Proper,
in the facts and circumstances of the present case;"
3.1. Therefore, what the petitioner seeks is to
conferment of benefits of higher pay scale at the
interval of 9-20-31 years which is as per state
government resolution dated 16.8.1994. The
representation was made by association of employee
claiming the benefits as back as in 1980. The
representation was rejected by the state government
on 16.7.1992. The Special Civil Application No. 6638
of 1992 filed before this court was disposed of on
22.4.1994, whereby it was directed to approach the
Finance Department for sanctioning of the necessary
staff so that the direct payment system could be
introduced.
3.2. It appears that Special Civil Application No.
5619 of 2004 was filed wherein the prayer was made
for grant of the several benefits claimed in the
present petition. The said petition was allowed by
C/SCA/10949/2018 JUDGMENT DATED: 06/08/2021
this court by order dated 27.2.2017. The respondents
were directed to give the benefits for the higher pay
scale. Those petitioners were serving in grant-in-aid
schools imparting education to the disabled students.
The Letters Patent Appeal against the said order
dated 27.2.2017 came to be dismissed. Since the
respondents did not comply with the order of the
court, Misc. Civil Application No. 1527 of 2017 was
required to be preferred. During the pendency, the
compliance was made by the state authorities and the
differential amount of salary was paid.
4. It was submitted that case of the petitioner is
identical to the employees in whose favour the
proceedings of Special Civil Application No.5619 of
2004 culminated as above with the conferment of
benefits. The respondents appearing through learned
Assistant Government Pleader could not dispute that
the decision of this court in Special Civil
Application No. 5619 of 2004 mentioned above would
apply to the present petitioners.
5. In Special Civil Application No. 5614 of 2014
being Akhil Gujarat Apang Sanstha Karmachari Mandal
vs. State of Gujarat decided on 27.2.2017, it is held
as under :
"12. It is submitted that the order passed by this in Special Civil Application No. 6638
of 1992 as well as the order passed in Special Civil Application No. 11651 of 2004
with Special Civil Application No. 13746 of 2005 is very clear, whereby the
respondent State Government was directed to consider the case of the petitioner in
light of Government Resolution dated 16.08.1994.
13. In view of the above submission and looking to the facts and circumstances of
the present case, it appears that present petitioner is serving as a teacher in grant-in-
aid school, which is imparting education to the deaf and dumb students and the fact
C/SCA/10949/2018 JUDGMENT DATED: 06/08/2021
regarding extension of benefit of First Higher Grade to the petitioner on completion of
9 years is not disputed. The petitioner has availed the benefit of Higher Grade on
completion of 9 years of service as per Government Resolution dated 16.08.1994.
14. Moreover, during the pendency of this petition a direction was given to the
respondent State Government to consider the case of the petitioner in light of
decision taken by this Court in Special Civil Application No. 6638 of 1992 as well as
the order passed in Special Civil Application No. 11651 of 2004 with Special Civil
Application No. 13746 of 2005.
15. However, without proper appreciation of the observations made by this Court, the
respondent State Authorities rejected the claim of the petitioner for getting benefit of
higher Grade scale. It further appears that the aforesaid two decisions rendered by
this Court have attained finality and the said orders were not challenged by State
Government. Under the circumstances, the petitioner, being a similarly situated
teacher, is eligible and entitled to get benefit of 2nd and 3rd Higher Grade Scale in
light of Government Resolution dated 16.08.1994. The clause No. 3(36) of the
Government Resolution dated 16.08.1994, makes it amply clear that the said
Resolution is applicable for grant-inaid school also.
16. Under the circumstances, the case of the petitioner deserves to be allowed and
respondents are required to be directed to give benefit of Higher Grade to the
petitioner within stipulated period."
6. In view of the above discussions and reasons, the
present petitioner deserves the relief prayed for.
Resultantly, the petition stands allowed in terms of
prayer in para-24A of the petition. The respondents
are directed to give benefit of Higher Grade to the
petitioner within a period of 12 weeks from the date
of receipt of this order.
7. Rule is made absolute accordingly.
(BHARGAV D. KARIA, J)
PALAK
