Gujarat High Court
Tarachand Bhopatram Ahir vs State Of Gujarat on 23 August, 2022
Bench: A.Y. Kogje
C/SCA/14415/2004 ORDER DATED: 23/08/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14415 of 2004
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TARACHAND BHOPATRAM AHIR
Versus
STATE OF GUJARAT & 3 other(s)
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Appearance:
MS TEJAL A VASHI(2704) for the Petitioner(s) No. 1
MR. DHAWAN JAYSWAL, AGP, for the Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 23/08/2022
ORAL ORDER
[1] This petition under Article 226 of the Constitution of India
is filed seeking direction to the respondent authorities to grant
the benefits of higher grade pay-scale w.e.f. 04.03.1992 and
the action on the part of the respondent authorities in not
considering such claim to be discriminatory. Primary, the case
of the petitioner is to seek benefit under the Government
Resolution dated 16.08.1994 where the employees have
stagnated at one post are being considered after serving for a
specific period to be granted higher grade pay scale.
[2] Learned advocate appearing for the petitioner submitted
that the appointment of the petitioner in the MTO Section of
respondent Department was of 04.03.1983 and after
completing period of 9 years, was entitled to the benefits of
the Resolution dated 16.08.1994. It is the case of the petitioner
that the petitioner has been deprived of such benefit on
account of the stand of the respondent Department that the
petitioner has not cleared an examination stipulated for the
promotional post however, attention is drawn to the Circular of
C/SCA/14415/2004 ORDER DATED: 23/08/2022
the Police Department dated 03.10.1994, indicating that in so
far as the Band Department, Armour Department and Motor
Transport Department are concerned, such clearing of
examination was not required. Accordingly, the petitioner was
entitled for being considered for higher grade pay scale.
Learned advocate also relied upon the decision of this Court in
Special Civil Application No.1734 of 2004, wherein order was
passed while admitting the matter on 28.09.2004, where
observations were made with regards to the claim of benefit to
that petitioner who was identically situated as the present
petitioner and that the petition came to be finally disposed of
by oral judgment dated 30.09.2016, wherein the Department
was directed to reconsider the claim of the petitioner therein.
Learned advocate has strongly relied upon these two orders
and has prayed for grant such benefit.
[3] As against this, learned Assistant Government Pleader
has drawn attention of this Court to oral order dated
07.05.2019 in a group of Letters Patent Appeals, the lead
matter being Letters Patent Appeal No.1076 of 2019 in Special
Civil Application No.12660 of 2012 (Letters Patent Appeal
No.1119 of 2019 in Special Civil Application No.3189 of 2013 of
the petitioner), where the petitioner was also one of the
respondents and the issue before the Letters Patent Bench was
with regards to the forged school leaving certificate in getting
employment in the Department. After considering the
submissions made on behalf of the State and considering the
longevity of service rendered by the respective respondents-
original petitioners, the Court had disposed of the Letters
Patent Appeals, directing that the respondents therein would
C/SCA/14415/2004 ORDER DATED: 23/08/2022
be entitled to the pension only to the extent of 50% which is
otherwise receivable by them. It is submitted that pursuant to
the aforesaid oral order, the Department has passed an order
dated 05.08.2019 and accordingly, the benefits have been
extended and therefore, the claim of the petitioner is now
covered in the aforesaid orders as petitioner was also one of
the parties therein.
[4] The Court has heard learned advocates for the parties
and perused the documents placed on record. From the
affidavit in reply, the respondents have taken a stand that the
claim of the higher pay scale of the petitioner was considered
from 04.06.2001 after he had rendered 9 years continuous
service as Driver Police Constable. Therefore apparently to
some extent the claim of the petitioner has been accepted by
the respondent Department however, the same is not
translated by actual grant of higher grade pay-scale as on
date. Considering the aforesaid development and particularly
the directions contained in the oral judgment dated
30.09.2016 in Special Civil Application No.1734 of 2004,
wherein this Court has directed in para-8 as under:-
"8. I am of the view that the case of writ-applicant should
be reconsidered in light of the Circular dated 03/10/1994,
Annexure-'B' to this writ-application. The authority
concerned shall look into the record and verify whether
the higher grade pay-scale has been granted
w.e.f.01/02/1992 or 31/05/2000. If the Circular dated
03/10/1994, Annexure-'B' to this writ-application is to be
applied, then probably, the writ-applicant is entitled to
the first higher grade pay-scale on completion of nine
years of service without passing the departmental
examination."
C/SCA/14415/2004 ORDER DATED: 23/08/2022
[5] Considering the facts of the case, the Court does not find
any reason to take any different view from what is taken in
Special Civil Application No.1734 of 2004 and hence, direct
that the respondents shall consider the case of the petitioner
in light of the observations made hereinabove as well as
subsequent development in terms of the order by the Bench of
Letters Patent Appeal No.1076 of 2019 (Letters Patent Appeal
No.1119 of 2019 in Special Civil Application No.3189 of 2013 of
the petitioner) and the order of this Court in Special Civil
Application No.1734 of 2004. The aforesaid exercise be
undertaken by the respondent Department by granting an
opportunity of hearing to the petitioner and to be concluded
within a period of six months from the date of receipt of this
order.
[6] With the aforesaid, the petition stands disposed of.
(A.Y. KOGJE, J)
SIDDHARTH
