Gujarat High Court
Jayanti Tuljaram Rathi vs State Of Gujarat on 29 April, 2023
Bench: Aniruddha P. Mayee
C/SCA/7069/2015 ORDER DATED: 29/04/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7069 of 2015
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JAYANTI TULJARAM RATHI
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MS HARSHAL N PANDYA(3141) for the Petitioner(s) No. 1
MR YUVRAJ BRAHMBHATT, AGP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 29/04/2023
ORAL ORDER
1. The present Special Civil Application is confined only
to the relief in prayer clause-6.(BB) as during the pendency
of the present writ-petition the other prayers have been
satisfied and are not pressed accordingly.
2. The factual matrix in the present case is that the
petitioner was initially appointed as a Junior Clerk in the
service of the State Government on 01.02.1984. Thereafter,
by selection through G.P.S.C., the petitioner was appointed
as Employment Officer Class-II in the month of October,
1989 in the Labour and Employment Department. The
State Government passed an order dated 12.01.2016
granting deemed date of promotion to the petitioner with
effect from 05.12.2000 in the cadre of Sub Regional
Employment Officer Class-II. On 05.02.2016, the persons
junior to the petitioner were also granted first higher
C/SCA/7069/2015 ORDER DATED: 29/04/2023
grade scale from their respective due dates in the cadre of
Employment Officer Class-II. Thereafter, on 16.01.2018, the
petitioner is also granted first higher grade scale of
Rs.6,500-10,500/- with effect from 27.09.1997. Since the
pay scale of Sub Regional Employment Officer and the pay
scale of the Employment Officer Class-II came to be
merged pursuant to the 5th Pay Commission, it is the case
of the petitioner that he was denied the monetary benefits
by the respondents in terms of the Government Resolution
dated 16.08.1994, wherein, it has been provided that if
there is no separate scale of promotional post then the pay
scale as prescribed in the schedule to the Government
Resolution dated 16.08.1994 should be granted to such
employees. Hence, the present Special Civil Application is
preferred by the petitioner herein.
3. Heard learned counsel for the parties and perused the
documents on record.
4. Ms. Harshal N. Pandya, learned counsel appearing for
the petitioner submits that in the case of juniors in service
to the petitioner who were also granted similar benefit of
first higher grade scale, they were also denied the benefit
of Government Resolution dated 16.08.1994, and therefore,
C/SCA/7069/2015 ORDER DATED: 29/04/2023
the junior colleagues of the petitioner approached this
Hon'ble Court by way of Special Civil Application No.7065
of 2021 and other connected matters. She submits that
vide order dated 02.03.2022 this Court has granted the
benefit of the Government Resolution dated 16.08.1994 to
the said employees. She relies on the said judgment in
Special Civil Application No.7065 of 2021 in support of
her case.
5. Per contra, Mr. Yuvraj Brahmbhatt, learned AGP
could not dispute the said fact that the junior colleagues
of the petitioner, who were also granted similar benefit as
a petitioner, had approached this Hon'ble Court and were
granted benefit of Government Resolution dated
16.08.1994.
6. Heard the learned counsel for the parties and perused
the documents and record.
7. This Court vide order dated 02.03.2022 in Special
Civil Application No.7065 of 2021 and other connected
matters has held thus:-
"7 From the factual history reproduced hereinabove, what is
evident is that prior to the 5th Pay Commission, the pay-
scale of an Employment Officer was Rs.2,000 - 3,200/- and
that of the Sub Regional Employment Officer was Rs.2,000 -
3,500/-. As per the schedule No.5th, pay revision at serial
C/SCA/7069/2015 ORDER DATED: 29/04/2023
No.18, in accordance with Clause 3(3) of the resolution of
16.08.1994, the corresponding higher pay-scale to that of
Rs.2,000 - 3,200/- was Rs.2,200 - 4,000/-, which on
adoption of the 5th Pay recommendations, the petitioners
were drawing the pay-scale of Rs.6,500-10,500/- became the
corresponding higher pay-scale of Rs.8,000 - 13,500/-.
7.1 By granting the first higher pay-scale of Rs.6,500 -
10,500/-, by the order dated 05.02.2016, the two test of the
benefits and the purposes of grant of the higher pay-scale
were not satisfied. Clause 3(3) of the resolution dated
16.08.1994 when read, indicates that the higher pay-scale is
the scale available on a promotional post and if there are
separate payscales for the post, then the minimum of the two
scales is to be granted. That is clarified by the proviso
inasmuch as, if there is no pay-scale of promotional post,
then the fixation has to be in the scale as provided in the
schedule.
7.2 Obviously, therefore, though the scheme of higher pay-
scale is to ameliorate stagnancy in matters of promotion,
granting the same payscale of Rs.6,500 - 10,500/- of the Sub
Regional Employment Officer would fail the test, inasmuch
as, it would not be in effect a higher payscale in the feeder
cadre i.e. of Rs.6,500 - 10,500/-.
7.3 It was in light of all these circumstances that when the
minutes of the Departmental Promotion Committee are
considered, the recommendation was so rightly made that the
petitioners should get the benefit of the pay-scale of Rs.8,500
- 13,500/- . Even if the arguments of the State that the
merger of posts by virtue of the resolution of 18.11.1999
stands abolished by virtue of subsequent resolution of
30.04.2013, based on the schedule appended to the resolution
of 16.08.1994 and 14.08.1998 would indicate that the
petitioners are entitled to the first higher pay-scale of
Rs.8,000 - 13,500/- on completion of nine years of service
from their date of initial appointment as Employment
Officers."
8. This Court is of the opinion that the case of the
present petitioner is squarely covered by the findings
rendered in the aforementioned judgment relied upon by
C/SCA/7069/2015 ORDER DATED: 29/04/2023
the learned counsel for the petitioner and not disputed by
the learned AGP.
9. In view thereof, it is directed that the petitioner is
entitled to the benefit of the higher pay scale of Rs.8,000/-
to Rs.13,500/- on completion of nine years of service from
their respective date of his initial appointment.
Consequential revision of pay of the petitioner and
pensionary benefit shall be computed on the basis of the
said entitlement of the petitioner to the scale of Rs.8,000/-
to Rs.13,500/-.
10. Accordingly, the Special Civil Application is allowed
in view of the aforesaid observations.
11. The respondents are directed to carry out the
refixation of the Pay Scale within a period of eight weeks
from today and in any before 30th June, 2023, failing
which, the revised amount so due to the petitioner shall
carry an interest at the rate of 6% per annum till the date
of actual payment. No order as to costs. Direct service is
permitted.
(ANIRUDDHA P. MAYEE, J.)
Manoj Kumar Rai
