Gujarat High Court
Sunilkumar Ramswarup Vijayvargiy vs State Of Gujarat on 4 January, 2024
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/17/2024 ORDER DATED: 04/01/2024
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17 of 2024
==========================================================
SUNILKUMAR RAMSWARUP VIJAYVARGIY
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR NK MAJMUDAR(430) for the Petitioner(s) No. 1,2,3,4,5,6,7
MR SUNIL R VIJAYVARGIY(13637) for the Petitioner(s) No. 1,2,3,4,5,6,7
for the Respondent(s) No. 2,3
MR SAHIL TRIVEDI, AGP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 04/01/2024
ORAL ORDER
1. Heard learned Advocate Mr. N.K. Majmudar for the petitioners
and learned AGP Mr. Sahil Trivedi.
2. Issue Rule returnable forthwith. Learned AGP Mr. Trivedi waives
service of Rule on behalf of the respondent-State.
3. By way of this petition, the petitioners have prayed for granting the
first higher pay scale to the petitioners in the pay scale of Rs. 8000-
13500/- instead of the pay scale of Rs. 6500-10500/- as already paid vide
order dated 05.02.2016.
4. Learned Advocate Mr. Majmudar would submit that as such, the
issue raised in the present petition is covered by decision of this Court in
Special Civil Application No. 17555 of 2021 dated 02.03.2022 and
whereas it is further submitted that if a representation preferred by the
present petitioners dated 23.11.2023 is directed to be decided within a
NEUTRAL CITATION
C/SCA/17/2024 ORDER DATED: 04/01/2024
undefined
stipulated period of time in line of the direction of this Court in the
decision referred to hereinabove, then grievance of the petitioners could
be assuaged at this stage. Learned AGP Mr. Trivedi for the respondent-
State would not have any objection to such a course of action. Hence, the
following directions are passed : -
(i) The respondents No. 1 to 3 to consider the representation
preferred by the petitioners dated 23.11.2023. The said
representation shall be decided in light of the principal contention
of the petitioners that this Court vide order dated 02.03.2022 in
Special Civil Application No. 17555 of 2021 had granted the
benefit of first higher pay scale in the pay scale of Rs. 8000-
13500/- to similarly situated employee.
(ii) The above exercise shall be conducted by the respondents
within a period of eight weeks from the date of receipt of this
order.
(iii) In case the respondent No.1 holds in favour of the present
petitioners, then further exercise of granting the benefit including
revising the salary/pensionary benefit of the petitioners shall be
done within a period of eight weeks thereafter.
(iv) In case the petitioners are aggrieved by the decision which
may be taken by the respondent No.1 or any part thereof, then it
would be open for the petitioners to challenge the same by filing
appropriate application before appropriate forum.
(v) Needless to clarify that this Court has made any observation
on the merits of the matter and whereas the respondent No.1 shall
NEUTRAL CITATION
C/SCA/17/2024 ORDER DATED: 04/01/2024
undefined
take an independent decision in accordance with law and in light of
judgment of this Court referred to hereinabove.
5. With the above observations and directions, the present petition
stands disposed of as partly allowed. Rule is made absolute to the
aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
BDSONGARA
