Gujarat High Court
Devajibhai Rugnathbhai Aghara vs State Of Gujarat on 2 March, 2023
Bench: Sandeep N. Bhatt
C/SCA/24875/2022 ORDER DATED: 02/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 24875 of 2022
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DEVAJIBHAI RUGNATHBHAI AGHARA
Versus
STATE OF GUJARAT
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Appearance:
MR AS ASTHAVADI(3698) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,
33,34,35,36,37,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,51,52,53,54,55,5
6,57,58,59,6,60,7,8,9
MS NIRALI SARDA, AGP GOVERNMENT PLEADER for the Respondent(s)
No. 1
NOTICE SERVED for the Respondent(s) No. 2,3,4,5,6,7
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 02/03/2023
ORAL ORDER
1. This petition under Article 226 of the Constitution of
India is filed with prayers as under:
"16(A) be pleased to admit and allow the petition.
(B) be pleased to issue a writ of mandamus or any other
appropriate writ, order or direction directing the
respondent to grant benefits of higher grade pay scale to
the petitioners as per the Government Resolution dated
1.3.1993 and GR dated 05.07.1991 (Annexure-C Colly.) in
view of the judgment of Division Bench dated 9.8.2016 in
Special Civil Application No.7071 of 1997 and further
C/SCA/24875/2022 ORDER DATED: 02/03/2023
direct them to pay all consequential benefits including
arrears of salary and arrears of pensionary benefits with
appropriate interest.
(C) During the pendency and final disposal of the petition,
be pleased to direct the respondents to grant higher
grade pay scale to the petitioners as per the Government
Resolution dated 1.3.1993 and G.R. dated 05.07.1991
(Annexure-C Colly.) in view of the judgment of Division
Bench dated 9.8.2016 in Special Civil Application No.7071
of 1997 and revise their pension accordingly.
(D) may grant such other and further relief as thought fit
in the interest of justice."
2. At the outset, learned Advocate for the petitioners
submitted that the petitioners have already made
representation to the respondent - Authorities, as their case is
also covered by the decision of Division Bench of this Court
passed in Special Civil Application No.7071 of 1997 and allied
matters by Oral Judgment dated 09-08-2016.
3. Learned Advocate for the petitioners has also drawn
attention of this Court to various other orders, which are
passed by this Court based on the aforesaid decision of the
Division Bench.
C/SCA/24875/2022 ORDER DATED: 02/03/2023
4. At this stage, learned AGP has also submitted that since
the issue is now covered, the Department will undertake
exercise to scrutinize the case of the petitioners and
wherever, found eligible, the benefits shall be granted
accordingly.
5. In the meantime, it is open for the petitioners to place
before the Authority the decision of Division Bench of this
Court passed in Special Civil Application No.7071 of 1997 and
allied matters as well as other orders passed in similar facts.
6. Aforesaid exercise to be completed within the period of
eight weeks from the date of receipt of writ of the order of
this Court.
7. In view of the aforesaid, the petition stands disposed of
accordingly. Direct service is permitted.
(SANDEEP N. BHATT,J)
A. B. VAGHELA
