Gujarat High Court
Gujarat Water Supply And Sewerage Board vs Bakulbhai V Thakkar on 16 June, 2025
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/LPA/712/2025 ORDER DATED: 16/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 712 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 11960 of 2015
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In R/LETTERS PATENT APPEAL NO. 712 of 2025
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GUJARAT WATER SUPPLY AND SEWERAGE BOARD & ORS.
Versus
BAKULBHAI V THAKKAR
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Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1,2,3,4,5
NIYATI V VAISHNAV(6168) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE R. T. VACHHANI
Date : 16/06/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
At the outset, learned advocate for the appellant has though fairly
pointed out the judgment and order dated 05/02/2013 rendered in LPA
No.629 of 2008 and allied matters which has been referred to by the
learned Single Judge while passing the impugned order in the captioned
SCA, has submitted that there is some distinguishing feature in the matter
as the respondent who was serving on the post of Senior Clerk and was
promoted to Senior Clerk (Account) from Public Health Works Division,
on his promotion as a Divisional Accountant would also be getting
Special Pay of Rs.50/- per month and hence it can be said to be
promotional post carrying pay-scale of Rs.9300-34800 with Grade Pay of
Rs.4,200/-. It is submitted that the said aspect is not dealt with by the
learned Single Judge while passing the impugned order. It is therefore
NEUTRAL CITATION
C/LPA/712/2025 ORDER DATED: 16/06/2025
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urged that the present LPA may be allowed. However, it is submitted that
after the judgment dated 05/02/2013 by the Division Bench setting aside
the order passed in SCA No.10428 of 2007, the colleague of the present
respondent - Shri R L Shukla, by the office order dated 16/05/2014 has
been granted the benefit as directed by the Division Bench in order dated
05/02/2013; copy thereof is ordered to be taken on record.
2. Having heard the learned advocate for the appellant, we find that,
by the said order dated 16/05/2014 Shri R M Shukla on completion of
nine years has been granted higher pay-scale of Rs.1400-40-1600-50-
2300-EB-60-2600 with effect from 18/11/1997. Thus, we do not find
any distinguishing feature between the colleague of the present
respondent who has been granted the benefit of higher pay-scale pursuant
to the decision of the Division Bench as per order dated 05/02/2013. The
learned Single Judge has categorically considered the same and has
recorded that in light of the aforesaid decision which has been confirmed
by the Supreme Court, the respondent - original petitioner is also entitled
to the same treatment. Thus, we do not find any substance in the appeal
as the same is being devoid of merits. Accordingly, the present LPA is
rejected.
In light of the fact that LPA is rejected, the captioned civil
application would not survive and disposed of accordingly.
(A. S. SUPEHIA, J)
(R. T. VACHHANI, J)
sompura / 12
