Bhavnagar District Panchayat vs Desai Pravinchandra Ranchhodbhai
2024 Latest Caselaw 5695 Guj

Gujarat High Court

Bhavnagar District Panchayat vs Desai Pravinchandra Ranchhodbhai on 27 June, 2024

Author: A. S. Supehia

Bench: A.S. Supehia

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     C/LPA/586/2024                        ORDER DATED: 27/06/2024

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       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/LETTERS PATENT APPEAL NO. 586 of 2024
       In R/SPECIAL CIVIL APPLICATION NO. 21100 of 2016
                                With
   CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2024
          In R/LETTERS PATENT APPEAL NO. 586 of 2024
                                With
           R/LETTERS PATENT APPEAL NO. 590 of 2024
                                  In
        R/SPECIAL CIVIL APPLICATION NO. 21103 of 2016
                                With
          CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
          In R/LETTERS PATENT APPEAL NO. 590 of 2024
                                  In
        R/SPECIAL CIVIL APPLICATION NO. 21103 of 2016
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                 BHAVNAGAR DISTRICT PANCHAYAT
                               Versus
           DESAI PRAVINCHANDRA RANCHHODBHAI & ORS.
=========================================
Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1
 for the Respondent(s) No. 10,4,5
MR MANOHAR RAHEVAR, AGP for the Respondent(s) No. 22,23,24,25
MS VIDHI J BHATT(6155) for the Respondent(s) No.
1,10.1,11,12,13,14,15,16,17,18,19,2,20,21,3,4.1,5.1,6,7,8,9
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
       and
       HONOURABLE MRS. JUSTICE MAUNA M. BHATT
                  Date : 27/06/2024
                COMMON ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. The present Letters Patent Appeals filed under Clause 15 of the Letters Patent, is directed against the common judgment and order dated 16.04.2024 passed by the learned Single Judge in Special Civil Application Nos.21100 of 2016 and 21103 of 2016, directing the appellant - District Panchayat as well as the respondent - State authorities to grant the benefit of revised pay scale to the original petitioners and release all

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the consequential benefits to them within a period of four weeks' from the date of receipt of the order of the learned Single Judge.

2. Learned advocate Mr.Munshaw, appearing for the appellant has submitted that the learned Single Judge has erred in giving such directions in favour of the respondent - employees, who are in fact working under the appellant - Bhavnagar District Panchayat and served in the cadre of Additional Assistant Engineer.

3. Learned advocate Mr.Munshaw, has further submitted that the employees of the appellant - Bhavnagar District Panchayat in fact cannot be branded as the employees of the Road and Buildings Department of the State Government. Learned advocate Mr. Munshaw, has submitted that initially by the Resolution dated 08.10.1992 issued by the Finance Department, the Additional Assistant Engineers were conferred the benefits of Rs.1400-2300/- in a revised pay-scale and the same was further revised to the pay-scale of Rs.1640-2900/- w.e.f. 01.04.1992 however, the private respondents are not entitled to further benefits of revision of pay w.e.f. 01.01.1986 since the State Government has not clarified in this regard.

4. Learned advocate Mr. Munshaw, has submitted that in fact, the State Government has issued such resolution and the same would not be applicable to the private respondents as they are the employees of the Panchayat Department.

5. Learned advocate Mr. Munshaw, has submitted that even the selection / recruitment process is also different of such

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employees and hence, the learned Single Judge has erred in giving such directions in conferring the pay-scale of Rs.1640- 2900/- w.e.f. 01.01.1986 to the respondent- employees.

6. Per contra, learned advocate Ms.Vidhi Bhatt, has submitted that the impugned judgment and order passed by the learned Single Judge does not require interference since the learned Single Judge has placed reliance on the judgment of the Division Bench dated 31.03.2014 passed in Letters Patent Appeal No.834 of 2012 in Special Civil Application No.5210 of 1995.

7. Learned advocate Ms.Bhatt, has further submitted that it is not in dispute that by the Resolution dated 08.10.1992 issued by the Finance Department, the respondent - employees, who were working under the Panchayat Department, were also conferred the benefits of revised pay- scale of Rs.1640-2900/- w.e.f. 01.04.1992 and subsequently, by the Resolution dated 28.07.2015 issued by the very same Department, such benefits of pay-scale has been granted from 01.01.1986 notionally and from 01.04.1992 actually. Thus, she has submitted that the issue is no more res integra and the judgment and order passed by the learned Single Judge may not be interfered with.

8. We have heard the learned advocates appearing for the respective parties.

9. The respondents are the employees of the Bhavnagar District Panchayat.

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10. It is not in dispute and an admitted fact that the Finance Department issued a Resolution dated 08.10.1992 revising the pay-scale of Additional Assistant Engineers working in various departments. Indubitably, the private respondents are appointed and working as Additional Assistant Engineers under the Panchayat Department. The benefits or revised pay-scale of Rs.1640-2900/-, as declared in the Resolution dated 08.10.1992 issued by the Finance Department, was extended to the respondent - employees of the Panchayat Department. This is an acceptable fact. Subsequently, it appears that there were various representations made by the Additional Assistant Engineers for grant of pay-scale with effect from 01.01.1986. Vide Resolution dated 28.07.2015 issued by the Finance Department, after referring to the Resolution dated 01.10.1992 and in light of the judgment of the Division Bench dated 31.03.2014 passed in Letters Patent Appeal No.834 of 2012 in Special Civil Application No. 5210 of 1995, directing the Finance Department that such Additional Assistant Engineers shall be granted benefits of revised pay-scale of Rs.1640- 2900/- w.e.f. 01.01.1986 on notional basis.

11. Thus, though the issue is laid quietus by the judgment of the Division Bench, the present Letters Patent Appeal is filed by the appellant-District Panchayat assailing the judgment and order passed by the learned Single Judge, who has in fact followed the directions issued by the Division Bench and also the Resolution dated 28.07.2015 issued by the Finance Department pursuant to the order passed by the Division Bench.

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12. We fail to understand, as to why this Letters Patent Appeal is filed since the appellant, though has accepted and extended the benefits of the Resolution dated 08.10.1992 to the respondents and have conferred the benefits of revised pay-scale of Rs.1640-2900/- w.e.f. 01.04.1992, is contending and agitating the issue of conferring the very pay-scale of Rs.1640-2900/- w.e.f. 01.01.1986 on the ground that the respondents being the employees of the Panchayat Department are not entitled to. Thus, a contrary stand is taken before us without any logical reasoning. The appellant cannot be made to approbate and reprobate on the two resolutions, first of the Resolution dated 08.10.1992, which is implemented and the benefit of the pay-scale of Rs.1640-2900/- is conferred w.e.f. 01.04.1992 to the respondent-employees and the Resolution dated 28.07.2015 issued by the Finance Department clarifying the Resolution dated 09.10.1992 granting pay scale of Rs.1640-2900/- w.e.f. 01.04.1992.

13. As the present appeals are absolutely ill-conceived and the same are sheer wastage of time, the appellant - District Panchayat should have in fact, implemented the judgment in line of the directions issued by the Division Bench vide judgment dated 31.03.2014 passed in Letters Patent Appeal No.834 of 2012 in Special Civil Application No. 5210 of 1995, which is already implemented by the Finance Department of the State Government and has issued the Resolution dated 28.07.2015.

14. Resultantly, the present appeals are ill-conceived and the same are rejected accordingly. As a sequel, civil applications

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also stand disposed of accordingly. We refrain ourselves in imposing exemplary costs on the appellants, for filing the present appeal.

(A. S. SUPEHIA, J)

(MAUNA M. BHATT,J) MAHESH/01 & 18