Gujarat High Court
Sandeepkumar Nareshbhai Dodiya vs State Of Gujarat on 27 August, 2021
Bench: Bhargav D. Karia
C/SCA/18418/2019 ORDER DATED: 27/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 18418 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 18431 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 11887 of 2020
With
R/SPECIAL CIVIL APPLICATION NO. 3212 of 2020
With
R/SPECIAL CIVIL APPLICATION NO. 3343 of 2020
With
R/SPECIAL CIVIL APPLICATION NO. 7299 of 2017
With
R/SPECIAL CIVIL APPLICATION NO. 13308 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 13698 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 19195 of 2017
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PANDYA KANAN ASHISHBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR NIKUL K SONI(5122) for the Petitioner(s) No. 1
MR JAYNEEL PARIKH, AGP (1) for the Respondent(s) No. 1,2,3,4
NOTICE SERVED BY DS(5) for the Respondent(s) No. 5
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 27/08/2021
ORAL ORDER
1. Heard learned advocate Mr. N.K.Soni for the petitioners
and learned Assistant Government Pleader Mr. Jayneel
Parikh for the respondent-State.
2. Learned advocate for the petitioners submitted that Special
Civil Application No. 18418 of 2019, 18431/2019,
C/SCA/18418/2019 ORDER DATED: 27/08/2021
11887/2020, 3212/2020 and 3343/2020 are filed
subsequent to the other petitions and the petitioners of
Special Civil Application No. 18418 of 2019 have made a
representation before the authority on 01.03.2019 to pay
the regular pay scale on completion of five years in fixed
pay as such representations were allowed by the
respondent authorities in other writ petitions pursuant to
the order passed by this Court [Coram: Hon'ble Mr.
Justice N.V.Anjaria] in Civil Application (for direction)
No. 1 of 2019 preferred in each of the petitions.
3. Learned advocate Mr. Soni further submitted that the facts
of Special Civil Application No. 14609 of 2017 is similar
to that of the petitioner.
4. On the other hand, learned AGP Mr. Parikh submitted that
similar matters are pending because the issue with regard
to consideration of period of service from initial
appointment of the petitioner to be treated as part of the
service period with all benefits including the reitrement is
pending before the Supreme Court.
5. Learned AGP Mr. Parikh referred to order of the Supreme
Court dated 12.07.2016 passed in Special Leave to Appeal
(C) No. 28180 of 2012 with SLP (C) No. 28184-28229 of
2012 and submitted that as clarified by the Supreme Court,
C/SCA/18418/2019 ORDER DATED: 27/08/2021
the petitioners are given the benefit of regularization or
full pay as per the Government Policy on account of parity
without any delay on completion of five years.
6. It was submitted by learned AGP Mr. Parikh that the
respondent authorities, so far as the petitioners of Special
Civil Application No. 18418 of 2019 is concerned, shall
pass appropriate order, as such order is passed in case of
similarly situated persons which is produced at page
No. 126 of the petition within a period of four weeks from
today.
7. At this stage, learned advocate Mr. Soni submits that all
the petitions may be disposed of as the grievance made in
the petition already stands redressed in view of the fact
that the respondent authorities are ready and willing to
regularize the service of the petitioner on completion of
five years in fixed pay as clarified by the Supreme Court in
the aforesaid order. It was submitted that the petitioners
have never prayed for considering the initial period of
service for all future benefits including the retiral one.
8. Having considered the submissions made by learned
advocates for the respective parties, it appears that the
Division Bench of this Court [Coram: Hon'ble The Acting
C/SCA/18418/2019 ORDER DATED: 27/08/2021
Chief Justice Mr. Bhaskar Bhattacharya, as His Lordship
was then and Hon'ble Mr. Justice J.B.Pardiwala] by order
dated 30.04.2012 passed in Special Civil Application
No. 13704 of 2010 and other allied matters passed the
following order:
"11. In the aforesaid view of the matter, we are
convinced by the fact that the petitioners serving as
teachers in the schools for the disabled children are
entitled to get the minimum of the pay-scale
prescribed for the respective scale of pay available to
the teachers doing the same job. The petitioners who
have completed five years of service from the initial
appointment i.e. from 2000 shall be placed in the
regular pay-scale. The newly appointed employees,
before getting the benefit of the regular scale on being
found to be suitable on completion of the fixed
period, should get at least, the total amount payable to
an employee in the lowest grade of pay-scale for that
post from the date of their appointment. The first five
years of service from the date of initial appointment
shall also be treated to be part of their service period
for all future benefits including the retiral one."
9. It appears that thereafter, the aforesaid order was
challenged before the Supreme Court wherein the Apex
Court has passed the following order on 12.07.2016 in
Special Leave to Appeal (C) No. 28180 of 2012 and other
allied matters observing as under:
" Leave granted.
Hearing expedited.
C/SCA/18418/2019 ORDER DATED: 27/08/2021
On the basis of averments made in I.A.Nos. 5 & 6 of
2015 and also Letter NO.APG/102011/525353/Sec.-
2/Chha-1 dated 18th January, 2014 issued by Social
Justice and Empowerment Department on the subject
of regularization and giving full pay to the fix pay
employees working in different NGOs working for
disabled. Mr. P.H. Parekh, learned senior counsel
appearing on behalf of respondents has submitted
that the State Government-Petitioner has although
regularized other employees appointed in terms of
the Government Resolution dated 16.02.2016 (about
70 persons) on account of their completing more than
five years in service but denied such regularization to
respondent nos. 1 to 5 on the ground of pendency of
these matters preferred by the State. Some
respondents in connected matters are also alleged to
have suffered similar hostile treatment.
The submission is apparently supported by the
statements made in the letter dated 18.01.2014
noticed above.
Mr. Kapur, learned counsel for the petitioner-State
fairly submits that in case the aforesaid submission is
true and others have been given financial or other
benefits, the same benefits will be extended to the
concerned respondents also. However, he requested
to continue the interim order so that benefits flowing
only from the impugned judgment may not be
claimed by the respondents.
In the facts and circumstances of the case, we clarify
that respondent nos. 1 to 5 and any other similarly
situated persons will not be deprived of policy
decision of the State Government granting benefit of
regularization or full pay to the fix pay employees
working in different NGOs working for disabled. The
benefits should be made available as per the
Government Policy on account of parity without any
C/SCA/18418/2019 ORDER DATED: 27/08/2021
delay. The benefits will include arrears also and if it
has been paid to others who have been regularized.
Such benefits should be made available without any
delay, preferably within a period of six weeks. It is
reiterated that so far the impugned judgment is
concerned, it will remain stayed until further orders."
10. This Court [Coram: Hon'ble Mr. Justice
N.V.Anjaria] by order dated 09.05.2019 in Civil
Application No. 1 of 2019 filed in each of the petition
except Special Civil Application No. 18418 of 2019
passed the following order:
" Pressing relief prayed for in the Civil
Application learned advocate Mr.Nikul Soni
submitted that the petitioners are similarly
situated to the petitioners of Special Civil
Application No.14609 of 2017 in which this Court
issued rule and granted interim relief. It was
submitted that the same relief deserves to be given in
the present petition.
2. The factum of passing order dated
19.02.2019 in Himanshukumar Rajendrabhai Patel
vs. State of Gujarat being Special Civil
Application No.14609 of 2017 aforesaid could
not be disputed by learned Assistant Government
Pleader, nor it could be disputed that the petitioners
of both the petitions are similarly placed for
purpose of being entitled to enjoy the relief.
3. In the aforesaid view, by way of adinterim
relief it is observed that it will be open for the
petitioners to make application cum-representation to
the authorities to extend the benefits flowing from
the interim order of the Supreme Court being
C/SCA/18418/2019 ORDER DATED: 27/08/2021
order dated 12.07.2016 passed by the Supreme Court
in State of Gujarat vs. Gohel Hirenkumar Jayantilal
in Special Leave Petition (Civil) No.2818428229
of 2012. The representation for the benefits in light
of the said order of the Apex Court to be
applied in the interregnum, shall be considered by
the authorities.
4. It was stated by learned advocate for the
petitioners that the petitioners have already
made representation to the competent authority
with regard to their grievance. Such
representation shall be decided within four
weeks from today and the decision shall be placed
on record of the present petition. A copy of this
order shall be placed in the papers of the main
petition.
5. This Civil Application is disposed of.
Direct service is permitted."
11. In view of the aforesaid order passed by this Court
on 09.05.2019, the respondent authorities have already
granted the benefit of regular pay to the petitioners and
accordingly, all the petitions are disposed of at this stage
with liberty to the petitioners to revive the same in case of
difficulty.
12. The respondent authority is directed to pass
necessary order for payment of regular salary to the
petitioners on completion of five years in fixed pay in
Special Civil Applications No. 18418 of 2019,
18431/2019, 11887/2020, 3212/2020 and 3343/2020
C/SCA/18418/2019 ORDER DATED: 27/08/2021
within a period of four weeks from today as such order is
passed in case of other similarly situated petitioners as per
order dated 26.08.2019 at page 126 of the said petition.
Notice is discharged. Direct service is permitted.
(BHARGAV D. KARIA, J)
JYOTI V. JANI
