Gujarat High Court
Urvashiben Umeshchandra Thanki vs Gujarat Maritime Board on 8 February, 2022
Bench: Biren Vaishnav
C/SCA/13416/2020 JUDGMENT DATED: 08/02/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13416 of 2020
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 13416 of 2020
With
R/SPECIAL CIVIL APPLICATION NO. 2417 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 4631 of 2021
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 4631 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 16133 of 2020
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 2 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 16133 of 2020
With
R/SPECIAL CIVIL APPLICATION NO. 9218 of 2021
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE BIREN VAISHNAV
==========================================================
1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
==========================================================
URVASHIBEN UMESHCHANDRA THANKI
Versus
GUJARAT MARITIME BOARD
==========================================================
Appearance:
MS HARSHAL N PANDYA(3141) for the Petitioner(s) No. 1,2,3,4
MR. MEET THAKKAR, ASSISTANT GOVERNMENT PLEADER/PP for the
Page 1 of 19
Downloaded on : Sun Apr 24 12:14:46 IST 2022
C/SCA/13416/2020 JUDGMENT DATED: 08/02/2022
Respondent(s) No. 2
MS REETA CHANDARANA(3023) for the Respondent(s) No. 6
NOTICE SERVED for the Respondent(s) No. 1,3,4,5
NOTICE UNSERVED for the Respondent(s) No. 2
==========================================================
CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 08/02/2022
ORAL JUDGMENT
1 Rule returnable forthwith. With the consent of the
learned advocates, taken up for final hearing.
2 As the issue is now settled by a decision of this Court,
rendered in Special Civil Application No. 10318 of 2018
with Special Civil Application No. 10320 of 2018, which
was affirmed by the Division Bench and subsequently by
the Hon'ble Supreme Court and has also been followed by
a co-ordinate Bench of this Court in Special Civil
Application No. 21303 of 2019 dated 16.12.2021.
3 For consideration of the question involved in these
petitions, facts of Special Civil Application No. 1640 of
2019 are considered.
3.1 The petitioners are the employees of the Gujarat
Maritime Board. They joined the services as Junior Clerks
or Clerk-cum-Typist or Typist on various dates in the pay-
C/SCA/13416/2020 JUDGMENT DATED: 08/02/2022
scale of Rs.260-400/-. Subsequently, they were promoted
to the post of Senior Clerk, in which cadre they were
granted deemed date of promotions as a result of some
litigations which were pending in this Court.
3.2 Ms.Pandya, learned counsel for the petitioners, had
extensively set out the service details of each petitioners
by virtue of a separate table, which is as under:
Special Civil Application No. 13416 of 2020
Statement showing details of each petitioner
Sr Name Dt.of Promotio 1st Regular Due Date of 2nd
N Joining as n as Higher Promotion dates for retireme Higher
O. Jr.Clerk or senior Grade of as head 2nd nt Grade
Clerk clerk Head Clerk or Higher pay to
Cum- with Clerk its grade be
Typist deemed equivalen scale granted.
date t
1 Urvashibe 17.02.81 06.10.88 18.04.98 06.02.14 18.04.13 31.07.19 9300-
n 34800
Umeshcha 4400
ndra
Thanki
2 Parulben 09.05.79 26.12.83 26.12.92 03.03.09 26.12.07 31.07.18 9300-
Vipulchand 34800
ra Acharya 4400
3 Geeta 08.04.80 26.12.83 26.12.92 03.03.09 26.12.07 31.05.19 9300-
Paresh 34800
Somaiya 4400
4 Harshad 02.02.81 01.04.86 06.10.97 04.02.14 06.10.12 30.06.15 9300-
Prabhudas 34800
Special Civil Application No. 2417 of 2021
Statement showing details of petitioner
S Name Dt.of Promotion 1st HGS Regular Due Date of 2nd
r Joining 21.8.15 Promotion dates for retireme Higher
N of Senior as 2nd nt Grade
O Clerk Sr.Clerk Higher pay to
. grade be
scale of granted.
Head
Clerk
C/SCA/13416/2020 JUDGMENT DATED: 08/02/2022
1 Harendrasin
25.02.82 22.10.86 22.10.95 21.8.2015 22.10.10 9300-
h Khengarji
as In pay- 1200- 34800
Jadeja seaman scale of 2040 GP4200
260-400 (revised
as 4000-
Cardex 6000)
Operator
Class-III
Note : Grade pay of Rs.4200/- is to be granted because of his initial
appointment in different cadre.
Special Civil Application No.4631 of 2021
Statement showing detail of petitioner
S Name Dt.of Promotion 1st HGS Regular Due Date of 2nd
r Joining as senior of Head Promotion date for retireme Higher
N as junior clerk with Clerk as Head 2nd nt Grade
O clerk deemed Clerk Higher pay to
. date grade be
scale granted.
1 Vikramsinh 7.5.1979 26.12.83 26.12.92 3.3.2009 26.12.07 30.4.14 9300-
Pravinsinh 34800
Dabhi 4400
Special Civil Application No. 16133 of 2020
Statement showing detail of the petitioner.
Sr Name Dt.of Promotio 1st Regular Due Date of 2nd
N Joining as n as Higher Promotion dates for retireme Higher
O. Jr.Clerk or senior Grade of as head 2nd nt Grade
Clerk clerk Head Clerk or Higher pay to
Cum- with Clerk its grade be
Typist deemed equivalen scale granted.
date t
1 Bhikhubhai 01.04.1980 26.12.1983 26.12.1992 April, 2002 26.12.2007 31.0.2018 9300-
34800
Bhavjibhai
Sadaria
2 Himanshu 14.07.1980 27.11.1984 27.11.1993 10.09.2012 27.11.2008 - 9300-
34800
bhai
Bhanushan
kar Raval
3 Mavjibhai 07.05.1979 26.12.1983 26.12.1992 04.08.2005 26.12.2007 30.09.2012 9300-
34800
Kanjibhai
Katudiya
4 Abhesang 07.05.1979 26.12.1983 26.12.1992 - 26.12.2007 30.04.2015 9300-
34800
Ramubhai
Solanki
5 Tarsibhai 03.05.1979 26.12.1983 26.12.1992 18.07.2005 26.12.2007 31.10.2012 9300-
34800
Mavjibhai
Piparia
6 Jagdish 28.07.1980 03.12.1984 03.12.1993 - 03.12.2008 31.12.2017 9300-
34800
C/SCA/13416/2020 JUDGMENT DATED: 08/02/2022
Kantilal 4400
Dabgar
7 Harshad 02.04.1980 26.12.1983 26.12.1992 02.03.2009 26.12.2007 30.09.2017 9300-
34800
Manilal
Barot
Special Civil Application No. 9218 of 2021
Statement showing details of petitioners
Sr Name Dt.of 1st 1st HGS Due date Regular Date of 2nd
N Joining Promotio of Senior for 2nd promoti retireme Higher
O. n Clerk higher on as nt Grade
upon 9 grade Deputy pay to
years scale of Account be
Head- ant granted.
clerk
September, 30.10.2018
1 Hasmukhb 16.5.80 as 16.12.85 6.3.1995 6.3.2010 2018
9300-
hai Peon as Tide 34800
Motiram Water Grade
Parmar (equivale Pay
nt to 4400
Junior
Clerk)
3.3 It is the case of the petitioners that by virtue of the
deemed date of promotion in the cadre of Senior Clerk, on
their completion of nine years of service as Senior Clerk,
the petitioners were granted the first higher grade scale of
Rs.1,400-2,600/- of the cadre of a Head Clerk from their
respective due dates which are apparent from the table
produced hereinabove. The pay-scale of Rs.1,400-2,600/-
came to be revised as Rs.5,000-8,000/-. After receipt of
the first higher grade scale of the cadre of Head-clerk,
they were promoted to the posts of Head-clerks or its
equivalent posts as mentioned in the statement.The pay-
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scale of Rs. 9,300-34,800/- with Grade Pay of Rs.4,200/-
with effect from 01.01.2006 as per the 6 th Pay
Commission.
3.4 The case of the petitioners as submitted by
Ms.Pandya, learned advocate, is that on completion of 15
years of service, after receiving the first higher grade
scale, an employee is entitled to receive the second
higher grade scale in accordance with the policy of the
Government Resolution dated 16.08.1994 modified
subsequently by a resolution of 02.07.2007. That the
resolution applied to the Board is evident from the
resolution of 17.12.2009. The Board also passed the
Circular of 11.08.2011 that the subordinate offices should
prepare proposals in case of those who became entitles to
receive the higer grade after 01.01.2006. Written requests
were made by the petitioners that they have rendered 15
years of service after receiving the first higher grade
scale, the petitioners were entitled to the second higher
grade scale in accordance with the resolution.
3.5 On an opinion sought from the State Government in
the communication of 12.09.2014, the State by its letter
C/SCA/13416/2020 JUDGMENT DATED: 08/02/2022
dated 22.10.2014 opined that in accordance with Clause
2.4(b) of the Government Resolution dated 02.07.2007,
those who have received two promotions and one higher
grade scale would be entitled to receive the second higher
grade scale upon completion of 15 years of service from
the date of receipt of the first higher grade scale subject
to fulfilment of the eligibility criteria. The case of the
petitioners is that the petitioners were not granted the
benefit of the second higher grade scale on the stand of
the respondent-Board that in accordance with clause 2(3)
of the resolution dated 02.07.2007, they were not entitled
to the benefit of the second higher grade scale.
3.6 Ms. Pandya, learned counsel for the petitioners,
would submit that in case of such similarly situated
employees, this Court had an occasion to consider the
case of the extension of the benefits of the second higher
grade scale on completion of 15 years of service and the
Court by a decision rendered in Special Civil Application
No. 10318 of 2018 dated 16.01.2020 interpreting Clause
2, sub-clause(2)(3)&(4) of the resolution dated 02.07.2007
held in favour of the petitioner and directed the
C/SCA/13416/2020 JUDGMENT DATED: 08/02/2022
respondents to grant the second higher grade scale of
Rs.9,300-34,800, Grade Pay of Rs.4,400/- to the
petitioners from their due dates with all consequential
benefits, including arrears and consequential fixation of
pay and pension. When the said decision was carried in an
appeal, the Division Bench of this Court affirmed the
decision in Letters Patent Appeal No. 506 of 2020 and the
Special Leave to Appeal filed before the Hon'ble Supreme
Court at the hands of the Board also failed. That decision
was also followed by a Co-ordinate Bench of this Court in
Special Civil Application No. 8600 of 2020 dated
23.09.2020 and in Special Civil Application No. 21303 of
2019 by an order dated 06.12.2021, which was also
affirmed in the Appeal filed in SCA No.8600 of 2020.
4 Ms.Sejal Mandavia, learned counsel appearing for the
respondent - Board would take the Court through the
affidavit-in-reply filed on behalf of the Board. The
preliminary objection of Ms.Mandavia, learned advocate,
was that the petition was not maintainable looking to the
number of petitioners. The objection of the Board is that
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since all the petitioners were promoted on the post of
Head Clerks and subsequently have asked for the second
higher grade scale, the petitioners cannot take shelter of
the beneficial clauses of the resolution. The stand which is
taken by the Board is akin to the one that was once taken
before this Court, inasmuch as, the stand of the Board is
that once they have got two promotions, they cannot give
the second higher pay scale. The additional affidavit filed
by the learned counsel, raises an objection that as far as
the petitioners Nos. 1, 7 and 12 are concerned, the service
details of these petitioners are disputed inasmuch as, as
per the service details available with the Board, they are
not entitled to the benefit of pay-scale in the second
higher grade scale as prayed for.
4.1 To this, Ms.Pandya, learned advocate for the
petitioners, would submit that she has serious dispute with
regard to the service details furnished by the Board and in
fact, these petitioners, namely, petitioners Nos. 1, 7 and
12 could qualify for the benefits akin to the remaining
petitioners and the petitioners of Special Civil Application
No.10318 of 2018.
C/SCA/13416/2020 JUDGMENT DATED: 08/02/2022
5 Having considered the submissions made by the
learned counsels for the respective parties and having
perused the papers, essentially the dispute therefore is
whether the petitioners who have got promotion can be
entitled to the benefit of second higher grade scale. This
very issue was considered by this Court in Special Civil
Application No. 10318 of 2018. It will be in the fitness of
things to reproduce paras 4 to 12 thereof, which
considered the facts and the interpretation of the matter
at hand.
"4. In both these petitions, the case of the petitioners
is that on completion of 15 years of service after
their completion of nine years of service in the first
higher grade scale, the petitioners are entitled to the
benefit of the Second Higher Grade Scale of Rs.9300-
34800. This claim of the petitioners is based on the
scheme of granting the benefit of the Second Higher
Grade Scale in accordance with the Government
Resolution dated 02.07.2007, which provided that an
incumbent who has completed 24 years of service is
entitled to the Second Higher Grade Scale. It was
their case therefore that they having got the First
Higher Grade Scale in accordance with the resolution
dated 16.08.1994 on completion of 9 years of
service, they would be entitled to the Second Higher
Grade Scale on completion of 15 years of service.
5. Ms.Harshal Pandya learned counsel for the
petitioners invited my attention to the Government
Resolution dated 02.07.2007. Drawing my attention
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to Clause-2(2)(3)(4) of the resolution, she would
submit that in the event an incumbent completes 12
years of service as per Clause 2 of the resolution,
such an incumbent will be entitled to the First Higher
Grade Scale subject to the fact that he has not
earned more than one promotion. Clause-2(3) of the
resolution would entitle the benefit of Second Higher
Grade Scale after 24 years i.e. 12 years after the
First Higher Grade Scale, however, subject to the
same qualification that he should not have earned
more than one promotion.
Reliance is placed on Clause-2(4)(a) and (b) to
submit that if an employee who has secured the First
Higher Grade Scale in accordance with the resolution
dated 16.08.1994 on completion of 9 years of
service, such employee shall get the Second Higher
Grade Scale on completion of 15 years thereafter (in
all on completion of 24 years). There is no condition
in the clause as compared to sub-clause (2) and (3)
that such entitlement is not available if an incumbent
has earned more than one promotion as is so found
in clause 2(2) and 2(3) of the resolution.
6. In accordance with these, Ms.Pandya submitted
that the petitioners therefore made representations
to the authorities for grant of Second Higher Grade
Scale. Inviting my attention to the resolution dated
18.02.2011, she would submit that even while
clarifying the resolution dated 02.07.2007, nothing
was stated so as to disqualify the petitioners from
entitlement of a Second Higher Grade Scale.
7. She invited my attention to the communication
dated 24.01.2014 addressed by the Administrative
Officer to his superior by which his case was
recommended for the grant of benefit of the Second
Higher Grade Scale. She further submitted that the
Board by a communication dated 12.09.2014 in case
of two other employees, wrote to the State
Government, seeking its' opinion and in the letter it
was the stand of the Board that even if an employee
had received two promotions, in accordance with
Clause 2(4)(b) of the Government Resolution dated
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02.07.2007, such employees were entitled to the
Second Higher Grade Scale on completion of 15
years of service after the First Higher Grade Scale of
nine years. From the communication dated
22.10.2014 of the State Government addressed to
the Board, she submitted that a positive opinion was
given by the State that such employees are entitled
to the benefit of Second Higher Grade Scale in
accordance with Clause 2(4)(b). She also, in support
of her submission, relied on a communication dated
04.03.2008 addressed by the State through the
Finance Department to the Examiner, Local Fund
Authorities by which the petitioners' contention was
accepted.
8. Ms.Sejal Mandavia learned counsel for the
respondent Board through her affidavit-in-reply
would submit that though the service details of the
petitioners are not disputed, the petitioners are not
entitled to the benefit of Second Higher Grade Scale.
She would rely on the Government Resolution dated
16.08.1994 to contend that the resolution specifically
provides in Clause-3 thereof that in case an
employee receives two or more promotions, he
would not be entitled to the benefit of the higher
grade scale. She would further submit that the
petitions are barred by gross delay and laches. She
would submit that the petitioners have retired in the
year 2012 and have approached this Court more
than six years after such retirement and are praying
for benefits after 11 years from the date of their
entitlement and the petitions therefore must be
dismissed.
9. Having considered the submissions of the learned
advocates for the parties, what needs to be adjudged
is whether since the petitioners have earned two
promotions and one Higher Grade Scale, they can be
deprived of the benefit of the Second Higher Grade
Scale.
10. It is in this context that Clause 2, sub-clauses (2),
(3) and (4) need to be read. When sub-clauses (2)
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and (3) are read, they make it clear that only when a
beneficiary of the First Higher Grade Scale on
completion of 12 years of service in accordance with
the Resolution of 02.07.2007 is given such benefit,
he is entitled to the benefit of the Second Higher
Grade Scale on completion of further 12 years of
service. This is subject to a qualification that such an
incumbent has not earned more than one promotion
and/or First Higher Grade Scale.
11. When in this context, sub-clauses (4)(a) and (b)
are read, they specifically provide that when an
incumbent earns his first higher scale on completion
of nine years of service in accordance with the
Government Resolution dated 16.08.1994, he shall
earn the Second Higher Grade Scale on completion of
15 years thereafter. There are no riders in the clause
that the earning of promotion and/or a higher grade
scale would disentitle the incumbent of earning the
Second Higher Grade Scale after the First Higher
Grade Scale of nine years in accordance with the
resolution dated 16.08.1994.
Reading of the communication dated 12.09.2014
addressed by the Gujarat Maritime Board asking for
its' opinion and the stand of the Government as is
evident from the Finance Department's
communications dated 04.03.2008 and 22.10.2014
make it clear that interpreting sub-clause 4(b) of
Clause-2 of the resolution, the stand of the State is
that one who has earned the First Higher Grade Scale
on completion of nine years of service in accordance
with the resolution dated 16.08.1994, is entitled to
the Second Higher Grade Scale in accordance with
the Government Resolution dated 02.07.2007 after
completing 15 years thereafter. This of course is
subject to the incumbents satisfying other conditions
of the Government Resolution dated 16.08.1994.
12. Keeping these clarifications in mind, the
petitioners are entitled to the reliefs prayed for and
therefore, the respondents are directed to grant
Second Higher Grade Scale of Rs.9300-34800/-, G.P.
Rs.4400/- to the petitioners from their due dates with
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all consequential benefits including arrears and
consequential fixation of pay and pension."
5.1 At the cost of reiteration, the clause as referred to by
the learned counsels for the parties were interpreted in
paras 9,10 and 11 which reads as under:
"9. Having considered the submissions of the
learned advocates for the parties, what needs
to be adjudged is whether since the petitioners
have earned two promotions and one Higher
Grade Scale, they can be deprived of the
benefit of the Second Higher Grade Scale.
10. It is in this context that Clause 2, sub-
clauses (2), (3) and (4) need to be read. When
sub-clauses (2) and (3) are read, they make it
clear that only when a beneficiary of the First
Higher Grade Scale on completion of 12 years
of service in accordance with the Resolution of
02.07.2007 is given such benefit, he is entitled
to the benefit of the Second Higher Grade
Scale on completion of further 12 years of
service. This is subject to a qualification that
such an incumbent has not earned more than
one promotion and/or First Higher Grade Scale.
11. When in this context, sub-clauses (4)(a)
and (b) are read, they specifically provide that
when an incumbent earns his first higher scale
on completion of nine years of service in
accordance with the Government Resolution
dated 16.08.1994, he shall earn the Second
Higher Grade Scale on completion of 15 years
thereafter. There are no riders in the clause
that the earning of promotion and/or a higher
grade scale would disentitle the incumbent of
earning the Second Higher Grade Scale after
the First Higher Grade Scale of nine years in
accordance with the resolution dated
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16.08.1994.
Reading of the communication dated
12.09.2014 addressed by the Gujarat Maritime
Board asking for its' opinion and the stand of
the Government as is evident from the Finance
Department's communications dated
04.03.2008 and 22.10.2014 make it clear that
interpreting sub-clause 4(b) of Clause-2 of the
resolution, the stand of the State is that one
who has earned the First Higher Grade Scale
on completion of nine years of service in
accordance with the resolution dated
16.08.1994, is entitled to the Second Higher
Grade Scale in accordance with the
Government Resolution dated 02.07.2007 after
completing 15 years thereafter. This of course
is subject to the incumbents satisfying other
conditions of the Government Resolution dated
16.08.1994."
(Emphasis supplied)
5.2 That decision of the Co-ordinate Bench was carried in
an appeal, namely, Letters Patent Appeal No.506 of 2020
and the Division Bench of this Court vide oral order dated
09.09.2020 in para 2 held as under:
"2. The learned Single Judge, after considering the
relevant Government Resolutions dated 16th August
1994, 2nd July 2007 and other clarifications issued by
the Gujarat Maritime Board and the State
Government, as also the opinion given by the State
Government, came to the conclusion that the writ
petitioner (respondent herein) was entitled to the
second Higher Grade Scale as per the Government
Resolution dated 2nd July 2007 read with earlier
Government Resolution dated 16th August 1994. It is
admitted fact that the petitioner came to be
appointed in 1978, thereafter, got first promotion on
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10th September 1980 as Senior Clerk, from the post
of Junior Clerk with effect from 26th December 1983.
Thereafter, in 1992, upon completing 9 years of
service in the cadre of Senior Clerk, he was granted
the first Higher Grade Scale. Later on, in 2005, the
petitioner was given promotion as Head Clerk in the
same Pay Scale which was given to him as Higher
Grade Scale in 1992. Thus, it is clear that the Higher
Grade Scale given in 1992 and promotion in 2005 are
in the same Pay Scale. Even from 1992, the writ
petitioner has continued in the same Pay Scale and
as such, under the Government Resolution referred
above, he was entitled to next Higher Grade Scale
after completing 15 years of service which would be
available to him in 2007. The learned Single Judge
has thus, extended the benefit correctly."
5.3 The Hon'ble Supreme Court affirmed that order of
this Court while dismissing the Special Leave Petition vide
order dated 08.02.2021.
5.4 The learned Single Judge of this Court by its order of
06.12.2021 in Special Civil Application No.21303 of 2019
has considered the issue and held as under:
"8. The core issue raised in the writ petition is that
whether the petitioner though has earned two
promotions and one higher pay-scale, whether he
can be deprived of the benefit of the Second Higher
Grade Scale when his pay-scale has remained the
same after promotion.
9. I may with profit refer to the order dated
09.09.2020 passed by the Division Bench in Letters
Patent Appeal No.506 of 2020 passed in similar set of
facts against the same respondent Maritime Board.
The Division Bench has held thus:
"2. The learned Single Judge, after considering
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the relevant Government Resolutions dated
16th August 1994, 2nd July 2007 and other
clarifications issued by the Gujarat Maritime
Board and the State Government, as also the
opinion given by the State Government, came
to the conclusion that the writ petitioner
(respondent herein) was entitled to the second
Higher Grade Scale as per the Government
Resolution dated 2nd July 2007 read with earlier
Government Resolution dated 16th August
1994. It is admitted fact that the petitioner
came to be appointed in 1978, thereafter, got
first promotion on 10th September 1980 as
Senior Clerk, from the post of Junior Clerk with
effect from 26th December 1983. Thereafter, in
1992, upon completing 9 years of service in the
cadre of Senior Clerk, he was granted the first
Higher Grade Scale. Later on, in 2005, the
petitioner was given promotion as Head Clerk in
the same Pay Scale which was given to him as
Higher Grade Scale in 1992. Thus, it is clear that
the Higher Grade Scale given in 1992 and
promotion in 2005 are in the same Pay Scale.
Even from 1992, the writ petitioner has
continued in the same Pay Scale and as such,
under the Government Resolution referred
above, he was entitled to next Higher Grade
Scale after completing 15 years of service which
would be available to him in 2007. The learned
Single Judge has thus, extended the benefit
correctly.
3. In view of the above, we do not find any error
in the order of the learned Single Judge
warranting interference in this appeal. The same
is accordingly dismissed."
10. Thus, in similar set of facts, the Division Bench
has held that if the pay-scale of an employee
remains the same even after the grant of higher
grade scale and promotion, then he will be entitled to
the higher pay-scale after completion of 15 years in
service.
C/SCA/13416/2020 JUDGMENT DATED: 08/02/2022
11. Thus, the petitioner is entitled to the reliefs
prayed for and therefore, the respondents are
directed to grant the Second Higher Grade Scale of
Rs.9300-34800/-, G.P. Rs.4400/- to the petitioner
from his due date with all consequential benefits,
including arrears and consequential fixation of pay
and pension."
5.5 Therefore, it appears to be beyond dispute and
debate that the present petitioners are entitled to the
reliefs as prayed for in this petition.
6 The petitions (except SCA No.2417 of 2021) are
allowed accordingly. The respondents are directed to
extend the benefits of the second higher grade scale of
Rs. 9,300-34,800/- Grade Pay of Rs.4,400/- to the
petitioners from their due dates with all consequential
benefits including arrears and consequential fixation of
pay and pension. The petitions are allowed in the
aforesaid terms.
As far as the petitioner of Special Civil Application No.
2417 of 2021 is concerned, the respondents are directed
to extend the benefits of the second higher grade scale of
Rs. 9,300-34,800/- Grade Pay of Rs.4,200/- to the
petitioner from his due dates with all consequential
C/SCA/13416/2020 JUDGMENT DATED: 08/02/2022
benefits including arrears and consequential fixation of
pay and pension. The petition is allowed in the aforesaid
terms.
In view of the order passed in the main matter, civil
application also stand disposed of, accordingly.
(BIREN VAISHNAV, J)
Bimal
