State Of Gujarat vs Jamalbhai Ismailbhai Baloch
2021 Latest Caselaw 1210 Guj

         C/LPA/137/2021                                ORDER




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/LETTERS PATENT APPEAL NO. 137 of 2021
                                In
         R/SPECIAL CIVIL APPLICATION NO. 11881 of 2015
                              With
           CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                                In
            R/LETTERS PATENT APPEAL NO. 137 of 2021
=========================================================
                        STATE OF GUJARAT
                              Versus
                  JAMALBHAI ISMAILBHAI BALOCH
=========================================================
Appearance:
MR DM DEVNANI ASSISTANT GOVERNMENT PLEADER(1) for the
Appellant(s) No. 1,2
 for the Respondent(s) No. 1
=========================================================

 CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH
                             and
        HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

Date : 27/01/2021

ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)

We have heard Shri D.M. Devnani, learned Assistant Government Pleader for the State - appellants and Ms. Sejal Mandavia, learned counsel for the private respondent.

The learned Single Judge has extended the benefit of higher pay­scale to the writ petitioner for reasons recorded in the judgment under challenge. In addition to that, we find that after the civil court decreed a suit of the petitioner, directing reinstatement and continuity in service, there was a stay order operating in appeal filed by the State. Thus today, this argument

C/LPA/137/2021 ORDER

of the State that the petitioner ought to have cleared the written examination for being awarded higher pay­scale is not at all tenable. It is also an admitted position that the employer never required the petitioner to appear in an examination so that he would be allowed the higher pay­scale. The writ petitioner has already superannuated in the year 2011. The denial of the higher pay­scale by the State is totally unjustified. The learned Single Judge has rightly granted the same. We do not find any merit in this appeal warranting interference with the judgment of the learned Single Judge.

The appeal is, accordingly, dismissed.

At this stage, Mr. D.M. Devnani, learned Assistant Government Pleader has prayed for four (4) weeks time from today to ensure full compliance of the judgment of the learned Single Judge. Considering the request to be reasonable, we extend the time granted by the learned Single Judge for compliance by four weeks from today, failing which, appropriate action will be taken in the contempt proceedings.

Consequently, the Civil Application also stands disposed of.

(VIKRAM NATH, CJ)

(ASHUTOSH J. SHASTRI, J) /phalguni/