Gujarat High Court
Kantilal B Patel vs State Of Guajrat on 3 September, 2021
Bench: Biren Vaishnav
C/SCA/12574/2008 JUDGMENT DATED: 03/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12574 of 2008
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE BIREN VAISHNAV
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1 Whether Reporters of Local Papers may be allowed NO
to see the judgment ?
2 To be referred to the Reporter or not ? NO
3 Whether their Lordships wish to see the fair copy NO
of the judgment ?
4 Whether this case involves a substantial question NO
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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KANTILAL B PATEL
Versus
STATE OF GUAJRAT & 1 other(s)
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Appearance:
MR NK MAJMUDAR(430) for the Petitioner(s) No. 1
MS.SHRUTI PATHAK, AGP (1) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 03/09/2021
ORAL JUDGMENT
1. Heard Mr.N.K.Majmudar learned advocate for the petitioner.
In this petition under Article 226 of the Constitution of India,
the prayer of the petitioner is that the petitioner is entitled to
the 3rd higher grade scale with effect from 18.09.1995 and not
C/SCA/12574/2008 JUDGMENT DATED: 03/09/2021
from 14.11.1997 as granted by the respondent authority.
2. Facts in brief would indicate that the petitioner joined as a
Medical Officer - Class - II on 09.09.1976 on an ad-hoc basis.
On successfully passing the GPSC examination, the
petitioner's services were regularized. The case of the
petitioner is that he should be granted the 3rd higher grade scale
on completion of 19 years of service counting from September
1976 as the date of his joining and therefore the year 1995
should be the year from which the 3 rd higher grade scale ought
to be granted and not from 14.11.1997.
3. Earlier the petitioner had approached this Court by filing
Special Civil Application No.8678 of 2007 by an order dated
03.04.2007. The petition was disposed of with a direction to
decide the representation. The representation was decided
against the petitioner by an order dated 06.09.2007.
4. Ms.Shruti Pathak learned AGP would invite the attention of
the Court to the affidavit-in-reply and a policy of the Tiku
Commission placed on record along with resolutions dated
17.10.1994 and 15.10.1997.
C/SCA/12574/2008 JUDGMENT DATED: 03/09/2021
5. Reading of the aforesaid resolutions and considering the
arguments made by the respective parties would indicate that a
policy decision was taken that the benefit of the Tiku
Commission shall be given with effect from 14.11.1991.
Accordingly counting six years from that date, the 3 rd higher
grade granted to the petitioner from 14.11.1997 according to
the opinion of this Court, cannot be said to be flawed.
6. The argument of Mr.Majmudar that if the earlier first and the
second higher grade scales were granted to the petitioner on
14.11.1991, then there was no reason for the authorities to not
extend similar benefits for the grant of 3 rd higher grade scale.
In absence of a challenge to the policy resolutions dated
17.10.1994 and 15.10.1997, this argument would not merit
consideration.
7. On this ground, the petition stands dismissed. Rule is
discharged. Interim relief, if any, stands vacated.
(BIREN VAISHNAV, J)
ANKIT SHAH
