Gujarat High Court
State Of Gujarat vs Chanchalben Govindbhai Mahyawanshi on 15 July, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/416/2024 ORDER DATED: 15/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 416 of 2024
In R/SPECIAL CIVIL APPLICATION NO. 8519 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
In R/LETTERS PATENT APPEAL NO. 416 of 2024
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STATE OF GUJARAT & ORS.
Versus
CHANCHALBEN GOVINDBHAI MAHYAWANSHI & ANR.
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Appearance:
MR. SANJAY UDHWANI, ASSISTANT GOVERNMENT PLEADER for the
Appellant(s) No. 1,2,3
HIMANSHI R BALODI(8919) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 15/07/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL)
1. This is a wholly misconceived appeal seeking to challenge
the judgment and order dated 19.10.2022 passed by the
learned Single Judge, filed after a period of one year from
the date of the decision of the learned Single Judge.
2. Heard Mr. Sanjay Udhwani, learned Assistant Government
Pleader appearing for the appellants.
3. Though the delay in filing the appeal has been condoned, it
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is pertinent to note that the writ petition out of which the
present appeal has arisen was filed by two persons
appointed as Mukhya Sevika/Supervisor on 22.04.1983 and
22.06.1983 for the petitioner nos. 1 and 2; respectively.
The claim of the petitioners before the writ court was for
grant of the first higher pay scale i.e. 2000-3500 on
completion of nine (9) years of service by virtue of the
Government Resolution dated 16.08.1994. It is stated in
the writ petition that the petitioner no. 1 had appeared in
the departmental examination but could not succeed
whereas the petitioner no. 2 passed the departmental
examination in the second attempt. However, the issue of
passing of the departmental examinations would be
irrelevant, inasmuch as, the petitioners were agitating
their grievances for non- grant of the benefit of the first
higher pay scale on completion of 9 years of service in view
of Government Resolution dated 16.08.1994.
4. The petitioners have relied upon the decision of this Court
in Special Civil Application No. 8181 of 1998 decided on
06.08.1999 and further submitted that the said judgment
has been confirmed by the Division Bench in Letters Patent
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Appeal No. 663 of 2000 vide judgment and order dated
28.01.2010. In the similar situation, vide another judgment
and order dated 18.02.2010 rendered in Special Civil
Application No. 324 of 2010 and allied matters, this Court
had granted relief of higher pay scale to the petitioners
therein from the date of completion of nine (9) years of
service from the date of their appointment and not from
the date of holding/passing of the departmental
examination.
5. In the reply filed on behalf of the respondent no. 1 before
the writ court, various averments have been made
agitating denial of first higher pay scale as per the
Government Resolution dated 16.08.1994. As per own case
of the respondent before the writ court, the Recruitment
Rules for the higher post of Child Development Project
Officer, Class - II were published on 15.12.1989. Under the
said Recruitment Rules, there is only one feeder cadre post
and in the cases prior to the publication of the Recruitment
Rules, higher pay scale was sanctioned as per the
Government Resolution dated 16.08.1994. As per own case
of the respondent, the Government Resolution dated
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16.08.1994 is made effective with effect from 01.06.1987
and in cases where even the promotional post is
operational after 01.06.1987, the benefit of higher pay
scale was receivable.
6. The learned Single Judge in the judgment impugned refers
to the similar orders dated 03.08.2022 passed in a set of
writ petitions with leading petition i.e. Special Civil
Application No. 5526 of 2021, wherein the detailed facts
with respect to the grant of higher pay scale to the
similarly situated petitioners working on the post of
Mukhya Sevika as per the Government Resolution dated
16.08.1994 have been noted and approved of.
7. Having gone through the order passed by the learned
Single Judge, subject matter of the challenge herein, we do
not find any good ground to take any exception on the
submissions made by the learned Assistant Government
Pleader appearing for the State - Appellant, more so, based
on the ground (h) of the memo of the appeal which is not
supported by any affidavit. The contentions made in the
ground (h) that the petitioner no. 2 in the original writ
petition had declined promotion thrice and ultimately
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accepted the promotion on 01.08.2015 and therefore,
became eligible for the second higher pay scale after
completion of 15 years, are taken for the first time before
this Court in the present appeal that too without filing any
affidavit in support thereof.
8. The present appeal, thus, stands dismissed being devoid of
merits.
9. In view of dismissal of main appeal, the Civil Application
accordingly disposed of.
(SUNITA AGARWAL, CJ )
(D.N.RAY,J)
VARSHA DESAI
