State Of Gujarat vs Kureshi Sarifaben Amirbhai D/O ...
2024 Latest Caselaw 925 Guj

Gujarat High Court

State Of Gujarat vs Kureshi Sarifaben Amirbhai D/O ... on 2 February, 2024

Author: N.V.Anjaria

Bench: N.V.Anjaria

                                                                               NEUTRAL CITATION




     C/LPA/1457/2023                            ORDER DATED: 02/02/2024

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/LETTERS PATENT APPEAL NO. 1457 of 2023
             In R/SPECIAL CIVIL APPLICATION NO. 543 of 2020
                                  With
               CIVIL APPLICATION (FOR STAY) NO. 2 of 2023
              In R/LETTERS PATENT APPEAL NO. 1457 of 2023

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                       STATE OF GUJARAT
                             Versus
        KURESHI SARIFABEN AMIRBHAI D/O AMIRBHAI KURESHI

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Appearance:
MR RONAK RAVAL, AGP for the Appellant(s) No. 1,2,3,4
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 : 02/02/2024

                        ORAL ORDER

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

Heard learned Assistant Government Pleader Mr.Ronak Raval for the appellant State and its authorities 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 addressed to judgment and order dated 14.10.2022 of learned single Judge whereby learned single Judge allowed the Special Civil Application of the petitioner- respondent herein.

3. What was prayed in the writ petition was to grant to the

NEUTRAL CITATION

C/LPA/1457/2023 ORDER DATED: 02/02/2024

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petitioner higher pay scale of Rs.2000-3500 from the date of completion of nine years of service and further to grant the petitioner's pay and retiral benefits to be paid with interest. It was also prayed to grant consequently higher grade pay scale upon completion of requisite length of service as contemplated under the Resolution dated 2.7.2007. It was next prayed to refix the pay and consequential benefits by applying the 7 th Pay Commission pay scales and to direct the respondents to act accordingly within the stipulated time.

3.1 Learned single Judge directed refixation of pay for the petitioner based on the benefits, further directed to refix the pension and to grant terminal benefits with consequential benefits together with the arrears accordingly.

3.2 While allowing the petition, noticeably learned single Judge relied on the decision of this court in Pargi Shantaben Rubjibhai & Ors. Vs. State of Gujarat & Ors. which was Special Civil Application No.5170 of 2019 decided on 15.7.2022.

4. Learned Assistant Government Pleader would not dispute that the facts in Pargi Shantaben Rubjibhai (supra) was similar and on same lines and the issue involved therein was identical.

4.1 It was further shown that the said decision in Pargi Shantaben Rubjibhai (supra) was carried out in Letters Patent Appeal No.15 of 2023 which came to be dismissed by order of the Division Bench dated 10.1.2023. In that decision, the Division Bench also referred to yet another in State of

NEUTRAL CITATION

C/LPA/1457/2023 ORDER DATED: 02/02/2024

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Gujarat Vs. Somiben Bhaisingh Patel decided on 29.9.2022 confirming the decision of learned single Judge on identical issue.

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.

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