Gujarat High Court
Mohanbhai Dhanjibhai Parmar vs State Of Gujarat on 20 July, 2022
Bench: Biren Vaishnav
C/SCA/22806/2019 JUDGMENT DATED: 20/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 22806 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE BIREN VAISHNAV
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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 ?
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MOHANBHAI DHANJIBHAI PARMAR
Versus
STATE OF GUJARAT & 2 other(s)
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Appearance:
MR SAMIR B GOHIL(5718) for the Petitioner(s) No. 1
MR KURVEN DESAI, AGP for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 20/07/2022
ORAL JUDGMENT
1. Rule returnable forthwith. Mr. Kurven Desai,
learned Assistant Government Pleader waives
service of notice of Rule for the respondents.
C/SCA/22806/2019 JUDGMENT DATED: 20/07/2022
2. With the consent of the learned advocates for the
respective parties, the petition is taken up for
final hearing today.
3. The prayer in this petition is that the order dated
13.2.2019 by which the request of the petitioner
to grant 2nd higher grade pay scale was rejected,
must be quashed and set aside.
4. The facts in brief would indicate that the
petitioner was appointed as Forest Guard on
26.12.1977. Thereafter, he was promoted as
Forester with effect from 26.11.1982. On
completion of 9 years of service as Forester, he
was granted the benefit of first higher grade pay
scale with effect from 26.11.1991 vide order
dated 25.7.1993. He became due for the 2 nd
higher grade pay scale of Range Forest Officer
with effect from 26.11.2006 which the petitioner
was not granted due to he retired on 31.3.2012.
C/SCA/22806/2019 JUDGMENT DATED: 20/07/2022
5. It is undisputed that in order to avail of the
benefit of the 2nd higher grade pay scale, the
petitioner ought to have passed the departmental
examination. Such departmental examinations
were held from 15.12.2011 to 17.12.2011. The
result was declared on 10.7.2012, four months
after the petitioner retired. The stand of the
respondent is that though the petitioner did not
pass the departmental examination during the
course of his service and since the result was
declared after he retired, the petitioner is not
entitled to the benefits of second higher grade
pay scale.
6. The stand of the department that the petitioner
though having passed his examination and not
entitled to the benefit of 2nd higher grade pay
scale only because the result is declared after he
retired is bad.
C/SCA/22806/2019 JUDGMENT DATED: 20/07/2022
7. If the petitioner had appeared in the examination
and passed within the stipulated chances
available to him, there was no reason why merely
because the results were declared after he
retired is he not be entitled to the benefits of the
2nd higher grade pay scale.
8. Accordingly, the communication dated 13.2.2019
is hereby quashed and set aside. The petitioner
shall be entitled to the benefit of 2 nd higher grade
pay scale on the basis of his result of his
examination and such benefits shall be granted
to him provided that he had appeared in such
examination within due chances available to him.
9. Subject to the aforesaid order, the petition is
allowed. The respondents are hereby directed to
grant the second higher grade pay scale to the
petitioner and consequential revise terminal
C/SCA/22806/2019 JUDGMENT DATED: 20/07/2022
benefits together with the arrears be granted
within a period of twelve weeks from the date of
receipt of this judgment.
10. Rule is made absolute to the aforesaid extent.
Direct Service is permitted. No order as to costs.
(BIREN VAISHNAV, J)
VATSAL S. KOTECHA
