State Of Gujarat vs Bhartiben Mavjibhai Patel
2023 Latest Caselaw 265 Guj

       C/LPA/11/2023                                 ORDER DATED: 10/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/LETTERS PATENT APPEAL NO.            11 of 2023

       In R/SPECIAL CIVIL APPLICATION NO. 16664 of 2021

                               With
           CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
             In R/LETTERS PATENT APPEAL NO. 11 of 2023
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                               STATE OF GUJARAT
                                    Versus
                          BHARTIBEN MAVJIBHAI PATEL
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Appearance:
MR KRUTIK PARIKH, AGP for the Appellant(s) No. 1,2,3,4
MS PREETI R DIXIT(11328) for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                              Date : 10/01/2023

                             ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned Asst. Government Pleader Mr. Krutik Parikh for the appellant State and learned advocate Ms. Preeti Dixit for the respondent-original petitioner.

2. The present Letters Patent Appeal under clause 15 of the Letters Patent is directed against the order of learned Single Judge dated 11.03.2022 in Special Civil Application No. 16664 of 2021 whereby the learned Single Judge allowed the petition and granted the prayer of the petitioner-respondent

C/LPA/11/2023 ORDER DATED: 10/01/2023

herein to extend the benefits of the pay-scale Rs.2,000-3,500/- from the date of entitlement.

3. The petitioner was working as Mukhya Sevika and claimed in the petition higher grade pay-scale of Rs. 2,000-3,500/- on the basis of Government Resolution dated 16.08.1994. The petitioner was appointed in the said post of Class-III after following the selection process.

4. While allowing the Special Civil Application, the learned Single Judge relied on the decision of this Court in Patel Ambaben Laxmanbhai Vs. State of Gujarat, SCA No. 6973 of 2019 and group of allied petitions decided as per the judgment dated 02.02.2022.

5. The said decision was taken in Letters Patent Appeal No. 1165 of 2022 and allied appeals. There is no gainsaying that the said Letters Patent Appeals came to be dismissed by the Division Bench on 29.09.2022, confirming the decision of learned Single Judge. It was stated, as an accepted position, that thee is no further challenge to the decision of the Division Bench in the Letters Patent Appeal and the decision has attained finality.

6. In the aforesaid view, the challenge in the present Letters Patent Appeal, stands covered as aforesaid. The issue raised in the present Letters Patent Appeal against the judgment and order of the

C/LPA/11/2023 ORDER DATED: 10/01/2023

learned Single Judge stands answered.

7. The Letters Patent Appeal stands meritless. It is summarily dismissed.

Civil Application stands disposed of in view of the dismissal of the appeal.

(N.V.ANJARIA, J)

(NIRAL R. MEHTA,J) BIJOY B. PILLAI