State Of Gujarat vs Haribhai Rupabhai Parmar
2023 Latest Caselaw 8108 Guj

                                                                                    NEUTRAL CITATION




       C/LPA/1378/2023                               ORDER DATED: 07/11/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
               R/LETTERS PATENT APPEAL NO. 1378 of 2023
                                   In
              R/SPECIAL CIVIL APPLICATION NO. 1900 of 2020
                                 With
     CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1 of 2023
              In R/LETTERS PATENT APPEAL NO. 1378 of 2023
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                             STATE OF GUJARAT
                                   Versus
                         HARIBHAI RUPABHAI PARMAR
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Appearance:
MR MANAN MEHTA, AGP for the Appellant(s) No. 1
GOVERNMENT PLEADER for the Appellant(s) No. 2,3,4
MS HARSHAL N PANDYA(3141) for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
          and
          HONOURABLE MR. JUSTICE CHEEKATI
          MANAVENDRANATH ROY
                       Date : 07/11/2023
                        ORAL ORDER

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

The present captioned application filed by the State seeks to condone the delay of 397 days, which has taken place in preferring the Letters Patent Appeal.

2. While considering the delay condonation aspect, since the papers of the main appeal were available on the record, with the help of learned Assistant Government Pleader Mr.Manan Mehta for the applicant/appellant- State and learned advocate Ms.Harshal Pandya for the respondent, the Court could notice the scope and nature of the controversy involved in the Letters Patent Appeal.

2.1 Therefore, with the consent and request of learned advocates for the respective parties, the main Letters Patent Appeal itself was taken up.

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      C/LPA/1378/2023                                          ORDER DATED: 07/11/2023

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2.2    Registry is directed to notify the Appeal today itself by preparing the
separate board.

3. Challenge in the Letters Patent Appeal is directed against the judgment and order dated 17.02.2022 of learned Single Judge, whereby the petition was allowed and the petitioner was held entitled to the higher pay- scale of Rs.9,300-34,800/- with grade pay of Rs.4,400/- from 26.06.2008.

3.1 The learned Single Judge recorded, thus, in paragraph no.6 of the order:-

"6. When the matter is taken up for hearing today, Ms.Surbhi Bhati learned AGP for the State on instructions of Deputy Conservator of Forest Mr.Rajchandra Balubhai Patel, Mahisagar Division, has instructed that the petitioner in fact would be entitled to the higher pay scale of Rs.9300-34800/- with grade pay of Rs.4400/- from 26.06.2008 in view of the communication dated 02.08.2018 placed on record."

3.1.1 Thereafter, the following operative directions were passed:-

"7. Therefore accepting the stand of the petitioner, the petition is allowed. The respondents are directed to grant the second higher pay scale to the petitioner from 26.06.2008 of Rs.9300-34300/- with grade pay of Rs.4400/- with all consequential benefits including revision and fixation of retirement dues and arrears that may occur, shall also be paid to the petitioner. The entire exercise shall be done within a period of 10 weeks from the date of receipt of this order."

4. Thus, it could be immediately noticed that upon instructions learned Assistant Government Pleader stated before the learned Single Judge that the petitioner was entitled to the higher pay-scale as above in view of the communication dated 02.08.2018. It is in view of that light and on the premise of the statement and concession given by the respondents through learned Assistant Government Pleader, who acted on instructions of the officer, that the petitioner was given higher pay-scale.

5. In these proceedings, learned Assistant Government Pleader

NEUTRAL CITATION

C/LPA/1378/2023 ORDER DATED: 07/11/2023

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attempted to contend that the said statement was not correct. He submits that in order to be entitled to get the benefit of higher pay-scale, the original petitioner was required to pass the departmental examination.

5.1 When the record is perused, the said contention falls flat. Figures on record (Annexure-E, page no.20) is the communication dated 28.03.2013 from the office of the Principal Chief Conservator of Forest, Gujarat State, Gandhinagar, in which it is stated that for the purpose of promotion to the Range Forest Officer cadre, no rules are enforced for passing the departmental examination. Therefore, the question of passing departmental examination for such purpose does not arise and that the officer concerned shall have to take necessary steps in accordance with law.

5.2. Therefore, in view of the facts of the case, the position obtained was that the passing of the departmental examination was not necessary and there are no rules in that regard. The grant of higher pay-scale to the petitioner, as prayed for in the petition, could not be faulted even otherwise.

6. In view of above, since the Letters Patent Appeal lacks merit, no purpose would be served in condoning the delay.

7. Therefore, the application for condonation of delay is rejected.

Consequently, the registration of Letters Patent Appeal stands refused. All connected civil applications stand disposed of, as the main appeal is disposed of.

Sd/-

(N.V.ANJARIA, J)

Sd/-

(CHEEKATI MANAVENDRANATH ROY, J) ABHISHEK