Gujarat High Court
State Of Gujarat vs Sudhaben Laxamanbhai Chaudhari D/O ... on 9 February, 2024
Author: N.V.Anjaria
Bench: N.V.Anjaria
NEUTRAL CITATION
C/LPA/1245/2023 ORDER DATED: 09/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1245 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 8511 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In R/LETTERS PATENT APPEAL NO. 1245 of 2023
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STATE OF GUJARAT
Versus
SUDHABEN LAXAMANBHAI CHAUDHARI D/O LAXMANBHAI CHAUDHARI
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Appearance:
MR SANJAY UDHWANI, AGP for the Appellant(s) No. 1,2,3
HIMANSHI R BALODI(8919) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 09/02/2024
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
Heard learned Assistant Government Pleader Mr.Sanjay
Udhwani for the appellant State and learned advocate
Ms.Himanshi Balodi for the respondent.
2. The challenge in this Letters Patent Appeal under Clause
15 of the Letters Patent is directed against judgment and order
dated 12.7.2022 of learned single Judge, whereby the Special
Civil Application of the respondent - original petitioner came to
be allowed.
2.1 The respondents have been directed to extent the benefits
of first higher pay scale of Rs.2000-3500/- upon completion of
NEUTRAL CITATION
C/LPA/1245/2023 ORDER DATED: 09/02/2024
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nine years of service from the date of appointment of the
petitioner with consequential benefits including retiral benefits.
The prayer was to direct the respondents to grant the said
higher pay scale upon completion of nine years service, which
was, as per the case of the petitioner from 19.8.1991, whereas
the benefits were granted from 28.11.1996. It was further
prayed to hold that the petitioner was entitled to pay scale of
Rs.2000-3500/- instead of Rs.1640-2900/- as first higher pay
scale from the date of nine years of service.
3. The petitioner was appointed as Mukhya Sevika. Her
entitlement to receive the higher pay scales was governed by the
policy Resolution dated 16.8.1994. Thereunder, upon nine years
of service completed, the employee would become entitled to get
the first higher pay scale upon satisfaction of the conditions of
the policy. The petitioner admittedly completed the requisite
length of nine years in the year 1991.
3.1 It appears that the benefit of first higher pay scale was not
extended on the ground that the departmental examination was
not passed. The petitioner came to be granted the benefit in the
year 1996 when she passed the examination under the Rules
which were of the year 1996.
4. The submission of learned Assistant Government Pleader
about condition of passing the departmental examination could
not be countenanced, inasmuch as when the petitioner
completed the nine years of service in the year 1991, the Rules
had never been brought in force.
NEUTRAL CITATION
C/LPA/1245/2023 ORDER DATED: 09/02/2024
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4.1 There was no good reason not to extent the benefit of first
higher pay scale when the petitioner fulfilled the condition of
nine years service. Not only that, learned advocate for the
respondent would successfully rely on the decision of the
Division Bench of this court in State of Gujarat Vs. Kureshi
Sarifaben Amirbhai D/o. Amirbhai Kureshi which was
Letters Patent Appeal No.1457 of 2023, wherein the appeal
of the State was dismissed and the decision of the learned single
Judge dealing with the same issue was confirmed.
4.2 When confronted with the said decision in Kureshi
Sarifaben Amirbhai (supra), learned Assistant Government
Pleader was not in position to dispute the position of law
emanating therefrom and the applicability thereof to the facts of
the case. In the said decision, the Division Bench relied on
another decision in Pargi Shantaben Rubjibhai & Ors. Vs.
State of Gujarat & Ors. being Special Civil Application
No.5170 of 2019 decided on 15.7.2022, dealing with the same
issue. Yet another decision of the Division Bench of this court
was relied on in State of Gujarat Vs. Somiben Bhaisingh
Patel decided on 29.9.2022 on identical issue.
4.3 In the present case, learned single Judge has elaborately
discussed all aspects on merits and has relied on the decision in
Letters Patent Appeal No.211 of 2017 which again applies to the
facts of the case. The petitioners in that case were also held
entitled to receive the first higher pay scale upon completion of
nine years of service in the background of similar set of facts
and circumstances.
NEUTRAL CITATION
C/LPA/1245/2023 ORDER DATED: 09/02/2024
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5. In the aforesaid view, no ground is made out to entertain
the present Letters Patent Appeal. The challenge to the
judgment and order of learned single Judge stands meritless.
The Letters Patent Appeal stands dismissed summarily. Interim
orders stands vacated.
In view of disposal of the Appeal, the Civil Application will
not survive. It is accordingly, disposed of.
(N.V.ANJARIA, J)
(PRANAV TRIVEDI,J)
Manshi
