Gujarat High Court
Rameshkumar Bhailalbhai ... vs State Of Gujarat on 15 March, 2021
Bench: Ashutosh J. Shastri
C/SCA/3416/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3416 of 2021
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RAMESHKUMAR BHAILALBHAI ZINZUVADIA
Versus
STATE OF GUJARAT
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Appearance:
MR VAIBHAV A VYAS(2896) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3,4,5
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 15/03/2021
ORAL ORDER
1. Heard Mr.V.A.Vyas, learned advocate for the
petitioner.
2. It has been pointed out to the Court that
vide specific order dated 05.02.2016 reflected on
page 28, the petitioner's pay fixation was done
at entry level pay Rs.21900/- + Grade Pay
Rs.7,600/-. The reference is made to Clause 1 of
the said office order, which reads as under.
1. The Pay Scale of the incumbents,
shown in Annexure - I of this order, for
the post of Registrar, Family Court, as
per Sr.NO.VI (a) Part - III of the
Schedule annexed with Government
Resolution dated 02.09.2011 cited in
preamble at Sr.No.1, the Government has
C/SCA/3416/2021 ORDER
revised pay scale from Rs.6500 - 10500
(Old pay scale as per 5th Pay Commission)
to Rs.12000 - 16500, (Old Pay Scale as per
Hon'ble Shetty Pay Commission) for the
post of Registrar, Family Court.
Considering the same as per shown in
Annexure - I with effect from 21.08.2009,
is revised from 9300-34800 + Grade Pay
4600/- (as 6th Pay Commission) to Rs.15600
- 39100 + Grade Pay Rs.7600/- (as per
Shetty Pay Commission) and as per Judgment
of Hon'le High Court cited in the preamble
at No.10, incumbent is entitled entry
level pay Rs.21900/- + Grade Pay
Rs.7600/-.
3. Mr.V.A.Vyas, learned advocate for the
petitioner has pointed out that upon the office
order being passed on 15th March, 2016, another
office order came to be passed extending such
benefits to the petitioner and accordingly, the
petitioner was placed in the said pay bracket and
for that purpose, fixation order was passed on
07.09.2020 reflecting on page 20 of the petition
compilation.
4. Mr.V.A.Vyas, learned advocate for the
petitioner further pointed out that thereafter,
though the pay fixation was done, on the basis of
several resolutions and having considered the
material, this fixation is sought to be withdrawn
by the authority though there is no
misrepresentation in any nature by the petitioner
and for that withdrawal, a notice came to be
issued on 15th December, 2020 reflecting on page
C/SCA/3416/2021 ORDER
26. It has been pointed out that before
approaching this Court, when in response to the
notice, the petitioner tried to explain before
the learned Principal Judge, Family Court, Rajkot
on 06th February, 2021, but then instead of
considering the same, a threat was given that if
the entire amount will not be deposited by the
petitioner, an FIR will be lodged against him and
to that effect, a specific averment has been made
in para 3.10 of the petition compilation.
5. In view of the above submissions, notice
th
returnable on 10 April, 2021. In the meantime,
no coercive steps shall be taken against the
petitioner in response to the impugned
communication dated 15th December 2020. Direct
service is permitted.
(ASHUTOSH J. SHASTRI, J)
MOHMMEDSHAHID
