Gujarat High Court
Chief Administrator vs Jyotsnaben Tulsidas Purohit Wd/O ... on 8 April, 2025
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/LPA/361/2025 ORDER DATED: 08/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 361 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 19992 of 2016
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In
R/LETTERS PATENT APPEAL NO. 361 of 2025
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CHIEF ADMINISTRATOR & ANR.
Versus
JYOTSNABEN TULSIDAS PUROHIT WD/O TULSIDAS J.
PUROHIT & ORS.
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Appearance:
MR RITURAJ M MEENA(3224) for the Appellant(s) No. 1,2
MS. SHRUTI DHRUVE, AGP for the Respondent(s) No. 2,3,4
MS BHAVIKA H KOTECHA(2942) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 08/04/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. At the outset, learned advocates appearing for the
respective parties have submitted that the issue is squarely
covered by the decision dated 27.06.2024 passed in Letters
Patent Appeal No.586 of 2024 and allied matters.
2. Learned advocate Mr. Rituraj M. Meena appearing for
the appellants has submitted that the right of claiming the
pay-scale by the respondents-employees had accrued in view
of the Resolution dated 28.07.2015, however, the writ petition
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C/LPA/361/2025 ORDER DATED: 08/04/2025
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has been filed in the year 2024 and hence, the arrears may be
restricted to three years, as per the settled legal proposition
of law.
3. Learned advocate Ms. Ashlesha M.Patel appearing for
the respondent-employee has submitted that such clarificatory
direction may be issued, so that the other writ petitions may
not be affected by the order passed by this Court. Ms. Patel,
learned advocate is permitted to file her Vakalatnama.
Registry shall accept the same.
4. Thus, there is broad consensus between the learned
advocates appearing for the respective parties so far as the
issue raised in the present appeal is concerned. In the order
dated 27.06.2024 passed in Letters Patent Appeal No.586 of
2024 and allied matters, after consulting the other judgments
of the Coordinate Benches, it was held thus:
"8. We have heard the learned advocates appearing
for the respective parties.
9. The respondents are the employees of the
Bhavnagar District Panchayat.
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
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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 appellantDistrict
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.
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
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C/LPA/361/2025 ORDER DATED: 08/04/2025
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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."
5. Thus, the present Letters Patent Appeal is disposed of in
terms of the order dated 27.06.2024 passed in Letters Patent
Appeal No.586 of 2024 and allied matters.
6. With this observation and clarification, the present
Letters Patent Appeal is disposed of.
7. As a sequel, the connected Civil Application stands
disposed of.
(A. S. SUPEHIA, J.)
(NISHA M. THAKORE, J.)
AMAR RATHOD.../20
