Liya Mahamad Amin Amadbhai vs State Of Gujarat
2022 Latest Caselaw 991 Guj

       C/SCA/6589/2018                                      ORDER DATED: 31/01/2022



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
               R/SPECIAL CIVIL APPLICATION NO. 6589 of 2018
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                         LIYA MAHAMAD AMIN AMADBHAI
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR VK JOSHI(2329) for the Petitioner(s) No. 1
MR HARDIK MEHTA, AGP for the Respondent(s) No. 1
LAW OFFICER BRANCH(420) for the Respondent(s) No. 2
MS TRUSHA K PATEL(2434) for the Respondent(s) No. 2
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     CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
                      Date : 31/01/2022
                       ORAL ORDER

1. In the present writ petition, the petitioner has prayed for the following reliefs:-

"8 A. Your Lordships may be pleased to allow this writ petition;

C. Your Lordships may be pleased to quash and set aside the communication letter dated 05.01.2003 and 04.07.2014 under which the 1st Higher Grade Pay Scale the petitioner came to be rejected and shall be pleased to direct the Respondent No.2 to grant 1st Higher Grade Pay Scale due on 15.10.2011 with 10% interest for the delay course."

2. As the prayers would suggest that the petitioner is also praying quashing and setting aside the communications dated 05.01.2003 and 04.07.2014 pursuant to which the first higher pay-scale of the petitioner came to be rejected.

3. During the course of hearing, on an inquiry made by this Court, learned advocate Mr.V.K.Joshi has submitted that the petitioner had also filed Special Civil Application No.11625 of 2014 for claiming the higher pay-scale. The writ petition was filed by the petitioner for claiming the higher pay-scale in view of the Government Resolutions dated 16.08.1994 and 02.07.2007. The aforesaid writ petitions were disposed/allowed by a common judgment dated 11.01.2016. This Court

C/SCA/6589/2018 ORDER DATED: 31/01/2022

has perused the judgment dated 11.01.2016. The present petitioner, had filed the writ petition for claiming the higher pay-scale with effect from 14.10.2011 in view of the Government Resolution dated 02.07.2007 after completion of 12 years of service. The said fact is recorded in paragraph no.26 of the said judgment. It is ordered by this Court that the petitioner no.2 i.e. the present petitioner shall be granted first higher pay-scale with effect from 14.10.2011.

4. A perusal of the writ petition reveals that the petitioner has suppressed the filing of the writ petitions being Special Civil Application No.11625 of 2014 and the judgment dated 11.01.2016, by which it was ordered that the petitioner will be entitled to the first higher pay-scale from 14.10.2011. The petitioner has challenged the communication dated 04.07.2014, whereby his representation dated 23.06.2014 claiming the first higher pay-scale has been filed. Once, this Court has directed in the judgment dated 11.01.2016 to confer the benefit of higher pay-scale with effect from 14.10.2011, the petitioner cannot challenge the communication dated 04.07.2014 and again pray for grant of higher pay- scale with effect from 15.10.2011.

5. At this stage, learned advocate Mr.V.K.Joshi has submitted that since the Letters Patent Appeal No.161 of 2017 was pending, he has not referred to the earlier proceedings.

6. The petitioner has very conveniently tried to mislead this Court by challenging the communication dated 04.07.2014 rejecting his application dated 23.06.2014 since by the judgment dated 11.01.2016 passed in Special Civil Application Nos.11625 of 2014 filed by the present petitioner was already allowed and the respondent was directed by this Court to confer the benefit of the first higher pay-scale to the petitioner

C/SCA/6589/2018 ORDER DATED: 31/01/2022

with effect from 14.07.2011.

7. Thus, the present writ petition, is filed after the judgment is delivered in Special Civil Application No.11625 of 2014 on 11.01.2016. There is no whisper in the entire writ petition with regard to filing of the aforesaid writ petition and it is filed on the premises of the representation dated 23.06.2014 challenging the communication dated 04.07.2014, which is prior to the judgment dated 11.01.2016 passed in Special Civil Application No.11625 of 2015. Thus, after obtaining the order in Special Civil Application No.11625 of 2014, which is disposed of vide judgment dated 11.01.2016, the petitioner has again prayed setting aside the communication dated 04.07.2014, which was already in existence when this writ petition being Special Civil Application No.11625 of 2014 was allowed by the judgment dated 11.01.2016 granting higher pay-scale with effect from 14.10.2011. It is pertinent to note that, the very same advocate has appeared in both the writ petitions.

8. The aforesaid judgment dated 11.01.2016 was challenged in Letters Patent Appeal No.161 of 2017, which was disposed of by the judgment dated 16.07.2021, whereby the judgment of the Coordinate Bench dated 11.01.2016 was confirmed.

9. Thus, the present writ petition is dismissed with a cost of Rs.5,000/- in view of the suppression of relevant facts and misleading the Court. Merely because Letters Patent Appeal was pending against the aforesaid judgment that will not absolve the writ petitioner from stating the true and correct facts since the prayer is made for challenging the order, which was passed in 2014, and was already in existence when the judgment dated 11.01.2016 is passed and accordingly, relief has been granted in favour of the petitioner. Such a prayer was uncalled for.

C/SCA/6589/2018 ORDER DATED: 31/01/2022

10. However, liberty is reserved in favour of the petitioner to file substantive writ petition claiming the appropriate relief after stating true and correct facts. Notice is discharged.

(A. S. SUPEHIA, J) ABHISHEK/18