Gujarat High Court
Bhimbhai Meramanbhai Nandaniya vs State Of Gujarat on 8 December, 2021
Bench: A.S. Supehia
C/SCA/7754/2019 ORDER DATED: 08/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7754 of 2019
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2019
In R/SPECIAL CIVIL APPLICATION NO. 7754 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 7755 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 7756 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 7757 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 7758 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 9840 of 2019
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2019
In R/SPECIAL CIVIL APPLICATION NO. 9840 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 9841 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 9842 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 9843 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 9844 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 9845 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 9846 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 9847 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 9848 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 9850 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 9851 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 9852 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 9853 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 9854 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 9855 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 9856 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 9857 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 18916 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 18918 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 18917 of 2019
Page 1 of 5
Downloaded on : Wed Jan 12 08:00:53 IST 2022
C/SCA/7754/2019 ORDER DATED: 08/12/2021
==========================================================
BHIMBHAI MERAMANBHAI NANDANIYA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR N V TRIVEDI, ADVOCATE for the Petitioners
MR ADITYASINH JADEJA, AGP for the Respondents
==========================================================
CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 08/12/2021
COMMON ORAL ORDER
1. When this group of petitions are taken up for hearing,
learned Assistant Government Pleader Mr.Jadeja has supplied
the details of the petitioners.
2. Learned advocate Mr.N.V.Trivedi, has also supplied the
details of the petitioners.
3. On perusal to the above statements, it appears that there
are number of discrepancies in the data provided by both the
learned advocates. The issues involved in this group of
petitions is with regard to the grant of higher grade pay-scales
from the respective dates, as claimed by the petitioners. The
conferring of the higher pay-scales have direct nexus with their
dates of appointments, number of years, dates of retirement,
posts held by the petitioners, dates of passing of the
departmental examinations and rules, under which the
examinations are held. There are disputed issues with passing
or non-passing, conducting or not conducting of the
departmental examinations in time.
3.1 It is the case of the petitioners that they are entitled to
the higher pay-scales from their respective dates of
entitlement and they are not required to pass the
departmental examinations, whereas the State has contended
C/SCA/7754/2019 ORDER DATED: 08/12/2021
that the though the examinations were conducted, some of the
petitioners have not appeared and some of them have failed. It
is stated that those petitioners who have cleared the
examinations they are extended the benefits of higher pay
scales. It is also contended by the petitioners that the rules for
departmental examination are framed on later date than the
dates on which the petitioners have become eligible. It is also
contended that those petitioners who have cleared the
departmental examinations have been conferred the higher
pay-scales from the incorrect dates.
4. In wake of the aforesaid disputed facts, this Court cannot
pass orders with regard to grant of higher pay-scales. There is
also dispute with regard to framing of the Departmental
Examinations' Rules. On one hand, it is contended by learned
advocate Mr.Trivedi, that the rules which are made applicable
to the petitioners for denying the higher pay-scale would not
apply to them. On the other hand, it is contended by the
learned Assistant Government Pleader that the aforesaid rules
and other departmental circulars will equally apply to the
petitioners.
5. All the aforesaid details and facts of each of the
petitioners are required to be examined by an expert body.
6. Under the circumstances looking to the complexity of the
facts and issues involved in this group of petitions, this Court is
of the considered opinion that two Members Committee
comprising of the Deputy Conservator of Forest and the
Deputy Secretary of the Forest Department shall examine all
the issues pertaining to the entitlement of the higher pay-
C/SCA/7754/2019 ORDER DATED: 08/12/2021
scales of the petitioners. From the side of the petitioners, it is
submitted that three members shall be represent their cases
and provide the details to such Committee.
7. The Committee shall be constituted within a period of
four weeks from the date of receipt of copy of this order.
8. Three representatives of the petitioners are directed to
represent the case of the petitioners who all will give the
details to the Committee. The Committee, after giving
appropriate hearing to the representatives of the petitioners,
shall file a detailed report and pass appropriate orders within a
further period of six months.
9. The Committee shall examine immediately all the cases
of the petitioners and pass appropriate order, after examining
the correct facts, including the dates of appointment, the dates
of entitlement of the higher pay-scale, the dates of passing of
examinations, the dates of holding the examinations, the dates
of retirement and also coupled with the facts that whether
such departmental examinations were conducted in time or
not and if such examinations are held or not held, the Rules
holding the departmental examinations shall also be
considered. It is clarified that if the departmental rules, under
which the examinations are required to be held are framed
subsequently to the dates of entitlement of the higher pay-
scales, then the case of those petitioners shall be examined
separately and separate orders may be passed. The
Committee shall keep in mind the date of promulgation of the
rules and the date of entitlement of the higher pay-scales. The
Committee shall also examine whether the departmental rules
C/SCA/7754/2019 ORDER DATED: 08/12/2021
are applicable to the posts held by the petitioners or the same
are applicable to the higher posts, for which they are not
required to appear. In case it is found that the petitioners are
not governed by the Rules under which they are asked to
appear in the examination for claiming the higher pay-scales,
then they shall be conferred the benefit of the same from their
respective dates or entitlement.
10. It is clarified that if any adverse order is passed against
the petitioners, it would be open for them to file appropriate
proceedings before the appropriate forum, and in case the
petitioners are found to be entitled to the higher pay-scales
from their respective dates, the same shall be granted to them
with arrears.
11. It will be open for the representatives of the petitioners to
rely upon the judgments of this Court which may also be
considered by the Committee while passing the final report
and orders.
12. With the above observations and directions, this group of
petitions stand disposed of. Civil applications would not survive
and the same are disposed of accordingly.
(A. S. SUPEHIA, J)
MAHESH BHATI/40
