Junagadh Municipal Corporation ... vs Kishor Merambhai Miyatra
2023 Latest Caselaw 7716 Guj

                                                                                    NEUTRAL CITATION




     C/LPA/1207/2023                                ORDER DATED: 18/10/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                R/LETTERS PATENT APPEAL NO. 1207 of 2023
             In R/SPECIAL CIVIL APPLICATION NO. 3366 of 2022
                                   With
                CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
               In R/LETTERS PATENT APPEAL NO. 1207 of 2023
                                   With
                R/LETTERS PATENT APPEAL NO. 1208 of 2023
                                    In
              R/SPECIAL CIVIL APPLICATION NO. 19122 of 2021
                                   With
                CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
               In R/LETTERS PATENT APPEAL NO. 1208 of 2023
                                    In
              R/SPECIAL CIVIL APPLICATION NO. 19122 of 2021
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       JUNAGADH MUNICIPAL CORPORATION THRU COMMISSIONER
                                  Versus
                       KISHOR MERAMBHAI MIYATRA
==========================================================
Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1
MR SAMIR B GOHIL(5718) for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
          and
          HONOURABLE MS. JUSTICE NISHA M. THAKORE

                              Date : 18/10/2023

                          ORAL ORDER

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

Both the Letters Patent Appeals have common thread of facts and identical issue is involved therein. Therefore, with the consent of learned advocates for the parties, they were taken up to be treated by this common order.

2. In both these Letters Patent Appeals, preferred by the appellant Corporation, judgment and order dated 4.8.2022 passed in the respective writ petitions are impugned, whereby learned single Judge has granted the benefit of second higher pay scale in the pay scale of Rs. 5000-8000 to the original petitioners-the respective respondents herein.

                                                                                           NEUTRAL CITATION




      C/LPA/1207/2023                                     ORDER DATED: 18/10/2023

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3. The petitioners were junior clerks under the Junagadh Municipal Corporation, who were granted first higher pay scale of Rs. 4000-100-6000 after completion of 9 years of service under Resolution dated 16.8.1994. The second higher pay scale became due for them under the revised scheme of Resolution dated 2.7.2017 upon completion of 15 years from the date of grant of first higher pay scale.

4. In allowing both the petitions, learned single Judge relied on the decision of this court in Hitesh Parshotambhai Kariya vs. Junagadh Municipal Corporation, which was Special Civil Application No. 9903 of 2016 decided on 27.12.2018. The said decision in Hitesh Parshotambhai Kariya (supra) was carried in Letters Patent Appeal. The Division Bench did not entertain the Letters Patent Appeal by not condoning the delay as per its order dated 10.07.2023. Thereby, the decision dated 27.12.2018 in Hitesh Parshotambhai Kariya (supra) attained finality.

4.1 When learned advocate Mr. S.B.Gohil relied on the aforesaid decisions, learned advocate Mr. H. S. Munshaw for the Corporation could not dispute the law emanating therefrom.

5. In view of the above, the challenge in both the Letters Patent Appeals fails. They are dismissed as meritless.

The Civil Applications will not survive in view of dismissal of the appeals.

(N.V.ANJARIA, J)

(NISHA M. THAKORE,J) C.M. JOSHI