Gujarat High Court
State Of Gujarat vs Ramanlal L. Patel on 28 April, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/787/2024 JUDGMENT DATED: 28/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 787 of 2024
In
R/SPECIAL CIVIL APPLICATION NO. 5940 of 1995
FOR APPROVAL AND SIGNATURE:
HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
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Approved for Reporting Yes No
✔
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STATE OF GUJARAT & ANR.
Versus
RAMANLAL L. PATEL & ORS.
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Appearance:
MS MAITHILI MEHTA ASSISTANT GOVERNMENT PLEADER for the Appellant(s)
No. 1,2
DELETED for the Respondent(s) No. 1,1.1
MR SHALIN MEHTA SR. ADVOCATE with MR MAULIN G PANDYA(3999) for the
Respondent(s) No. 1.2,1.3,2.2,2.3,4.2
RULE NOT RECD BACK for the Respondent(s) No. 2.1,3.1,4.1,5,6,8
RULE SERVED for the Respondent(s) No. 7
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 28/04/2025
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE PRANAV TRIVEDI)
1. The present Letters Patent Appeal filed under Clause 15 of the
Letters Patent assails the correctness and validity of the judgment
and order dated 11.05.2018 passed in Special Civil Application No.
5940 of 1995.
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C/LPA/787/2024 JUDGMENT DATED: 28/04/2025
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2. The prayers made in the writ petition preferred by the
respondents - original petitioners was to issue a writ in the nature of
mandamus declaring that the petitioners were entitled for grant of
pay-scale prescribed by the University Grant Commission (UGC) for
Librarians from time to time. The learned Single Judge after
considering the submissions and the documents placed on record
was pleased to allow the writ petition which is now assailed in the
present appeal.
3. Ms. Maithili Mehta, learned Assistant Government Pleader
appearing for the State - appellant has submitted that the learned
Single Judge has erred in issuing direction for grant of pay parity as
the same ventures into the realm of framing a policy. Therefore,
granting of equivalent pay-scale was not germane to the issue. The
learned Single Judge has erred in equating the non-teaching and
administrative cadres of Librarians and Registrars in various colleges
and Universities across the State with that of the teaching
cadre/staff. Apart from the submissions made herein-above, the
learned Assistant Government Pleader was not in a position to point
out any further ground to assail the impugned order.
4. Having gone through the material on record, it is to be
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C/LPA/787/2024 JUDGMENT DATED: 28/04/2025
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observed that the learned Single Judge has categorically observed
that the petitioners at the relevant point of time were working as
Librarians in the Gujarat University, South Gujarat University,
Junagadh University and Sardar Patel University. They had prayed to
declare that they were entitled to the pay-scale prescribed by the
UGC for teaching staff and that they should be treated at par with
the academic staff of the University for all benefits with effect from
01.01.1993. It was observed that the University has not disputed the
status of the Librarian being equal to that of the lecturers in colleges.
As a matter of fact, the University has made certain
recommendations to support the claim to grant the same status to
the Librarians as equal to that of lecturers.
4.1. It was further observed that this Court by way of the judgment
and order dated 18.04.1986 in Special Civil Application 872 of 1985
has considered the claims and contentions of the Librarians to be
treated at par with the University and college teachers. It was
observed by this Court in the aforesaid matter that Librarians who
came to be appointed before the relevant resolution should be given
the same treatment as that of the University and College teachers.
The learned Assistant Government Pleader was not in a position to
dispute the fact that the issue has been adjudicated by the judgment
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C/LPA/787/2024 JUDGMENT DATED: 28/04/2025
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and order dated 18.04.1986 passed in Special Civil Application No.
872 of 1985. As a matter of fact, it was accepted by the learned
Assistant Government Pleader that the above-mentioned judgment
has attained finality and has not been challenged further by the State
Government. The cornerstone of allowing the petition is the
judgment and order dated 18.04.1986 in Special Civil Application No.
872 of 1985.
5. In view of the above, the present Letters Patent Appeal fails
firstly on the ground that the Government of India has accepted the
recommendations of the UGC and decided to put Librarians in the
University and Colleges at par with that of the teachers in University
and Colleges and secondly as a matter of fact the learned Single
Judge has placed reliance on the decision of this Court dated
18.04.1986 in Special Civil Application No. 872 of 1985 which has
attained finality and the said aspect was not controverted by the
learned Assistant Government Pleader.
6. For the above, the instant appeal being devoid of merits, the
same is hereby dismissed with no order as to costs.
(SUNITA AGARWAL, CJ )
(PRANAV TRIVEDI,J)
phalguni
