Chief Officer vs Alpeshbhai Gemalbha Rathod
2022 Latest Caselaw 9182 Guj

     C/LPA/1389/2022                               ORDER DATED: 17/10/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/LETTERS PATENT APPEAL NO. 1389 of 2022
         In R/SPECIAL CIVIL APPLICATION NO. 6012 of 2020
                                 With
            CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
           In R/LETTERS PATENT APPEAL NO. 1389 of 2022
==========================================================
                            CHIEF OFFICER
                                Versus
                   ALPESHBHAI GEMALBHA RATHOD
==========================================================
Appearance:
MR VIJAY H NANGESH(3981) for the Appellant(s) No. 1
for the Respondent(s) No. 3,4,5
MR DEEPAK P SANCHELA(2696) for the Respondent(s) No. 1,2
==========================================================
  CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
          and
          HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                           Date : 17/10/2022
                             ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

[1.0] Application for condonation of delay having been allowed today, present Letters Patent Appeal alongwith Civil Application for stay has been listed today.

[2.0] It is brought to our notice that in similar case this Bench has finally decided and disposed of Letters Patent Appeal No.1095/2022 in Special Civil Application No.6769/2020 vide order dated 30.08.2022.

[3.0] Having heard learned advocate Mr. Vijay H. Nangesh appearing for the appellant and considering the judgment of the learned Single Judge and several decisions of this Court in Letters Patent Appeal Nos.945/2020, 160/2021 and 994/2021,

C/LPA/1389/2022 ORDER DATED: 17/10/2022

present appeal is merit-less.

[4.0] We are of the view that the learned Single Judge could not be said to have committed any error much less any error of law in directing the appellant - Nagar Palika to confer the benefit of minimum pay-scale of regularly engaged employees. The learned Single Judge, after due consideration of decision of the Hon'ble Supreme Court in the case of S.A. Jafai and Ors. vs. State of Gujarat reported in 2011 (2) GLR 1223, as also in the case of State of Punjab vs. Jagjit Singh reported in (2017)1 SCC 148, has rightly taken the view that if the life of the contract is of 25 years then on completion of 10 years of service, the original writ applicant would be at least entitled to the benefit of minimum pay scale of the post on which he is working.

In view of the aforesaid, present Letters Patent Appeal fails and stands dismissed.

[5.0] In view of dismissal of Letters Patent Appeal, Civil Application for stay also stands dismissed.

(A.J. DESAI, J.)

(MAUNA M. BHATT, J.) Ajay