Gujarat High Court
Narendrasinh A. Mahida S/O Aashabhai ... vs State Of Gujarat on 23 June, 2025
NEUTRAL CITATION
C/SCA/6148/2014 ORDER DATED: 23/06/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6148 of 2014
==========================================================
NARENDRASINH A. MAHIDA S/O AASHABHAI MAHIDA & ANR.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR NK MAJMUDAR(430) for the Petitioner(s) No. 1,2
MR HENIL SHAH, AGP for the Respondent(s) No. 1,2
==========================================================
CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 23/06/2025
ORAL ORDER
1. This petition is filed for the following prayers:
"14(A) admit this petition;
(B) issue a writ, order or directions directing the concerned
respondent authorities to apply the correct selection scale of
Rs.12000-18300 and extend the same to the petitioners in
place of 12000-18000 with all consequential benefits w.e.f.
1/1/2002 i.e. data on which they had completed their 16
years services as lecturers;
(B) issue appropriate writ, order or directions quashing and
setting aside the communication dated 3/4/2013 whereby the
petitioners have been denied the pay scale of 16400-2000
and be pleased to hold that the petitioners are entitled to
get the pay scale of 16400-20000 from the date on which
they had completed their 5 years services in the pay scale
NEUTRAL CITATION
C/SCA/6148/2014 ORDER DATED: 23/06/2025
undefined
of 12000-18300 and be pleased to issue appropriate writ,
order or direction directing the concerned respondent
authorities to extend the pay scale of 16400-20000 in the
aforesaid peculiar facts and circumstances of the case;
(C) pending admission and final disposal of this petition be
pleased to pass interim order directing the respondent
authorities to extend the correct pay scale of Rs.12000-18300
w.e.f. 1/1/2002 to the petitioners accordingly subject to final
outcome of this petition;
(D) xxxxx"
2. Heard learned advocates for the parties.
3. Learned advocate Mr.Majmudar for the petitioners,
referring to the facts stated in the petition, has submitted
that the petitioners were appointed as Lecturers in different
grant-in-aid colleges on different dates; that the state of
Gujarat floated the scheme for extending the benefit of senior
scale and selection scale on completion of 8 and 16 years of
service as lecturers respectively as there were no promotional
avenues for the administrator/lecturer/other teaching staff
serving in grant-in-aid institutions/ayurved colleges; that the
G.R. dated 19/1/2006 came to be published by the Finance
Department, Government of Gujarat whereby it has been
decided to extend the pay scale of 12000-18300 on completion
of 16 years service as lecturer and to extend the pay scale of
NEUTRAL CITATION
C/SCA/6148/2014 ORDER DATED: 23/06/2025
undefined
Rs.16400-20000 after 5 years service in the pay scale of
12000-18300 as lecturer (selection scale); that after round of
many representations and petitions before this Court, the
petitioners have been extended the selection scale of
Rs.12000-18000 instead of 12000-18300, which as per the
government resolution, ought to have been extended to them
on their completion of 16 years of service as lecturer,
however, the authorities have extended incorrect selection
scale of Rs.12000-18000 to the petitioners w.e.f. 1/1/2002 by
order dated 25.9.2012 and were informed vide letter dated
3.4.2013 that they are not entitled to the pay scale of 12000-
18300 as they have not served actually as professor/principal
in the pay scale of 12000-18300 and the notification/G.R.
dated 19.1.2006 is not applicable to the employees of grant-
in-aid institutions and no recommendations have been made
for extending such pay scale for the employees of grant-in-aid
ayurved colleges of the state. He submitted that by letter
dated 24.12.2010, the office of the respondent no.1 had made
proposal to the state government for amending the pay scale
of teaching staff of grant-in-aid ayurved colleges from 12000-
18000 to 12000-18300 and the aforesaid aspect is
substantiated from the communication dated 1/2/2011 of the
office of respondent no.2 and the ground put forward by the
concerned respondent authorities in the communication dated
3.4.2013 for denying the pay scale of 16400-20000 is per se
NEUTRAL CITATION
C/SCA/6148/2014 ORDER DATED: 23/06/2025
undefined
illegal, arbitrary and illogical as the nomenclature of
Professor, Class I has been changed to lecturer (selection
scale) by G.R. dated 4/7/2004, the question does not arise to
work actually as Professor and therefore the ground taken by
the concerned respondent authorities that the petitioners had
not served actually as professor for a period of five years in
the pay scale of 12000-18300 is absolutely baseless.
4. At this stage, learned advocate for the petitioners
has submitted that a group of petitions wherein similar set
of facts were involved was decided by the coordinate Bench
of this Court vide order dated 26.10.2018 passed in Special
Civil Application No.16599 of 2012 and allied matters and
the facts of the present petition are covered by the said
judgment. He produced a copy of the said order for perusal
of this Court.
5. Learned AGP Mr.Shah, on perusal of the facts of
the case on hand and the judgment referred to and relied on
by learned advocate for the petitioners, submitted that this
petition is covered by the said judgment and appropriate
order may be passed.
6. Considering the facts of the present case, the
material available on the record, the submissions advanced by
NEUTRAL CITATION
C/SCA/6148/2014 ORDER DATED: 23/06/2025
undefined
learned advocates for the parties and the judgment referred
to and relied on by learned advocate for the petitioners,
wherein the coordiante Bench of this Court, has discussed
and observed in the similar set of facts and allowed the said
petitions with some observations, this petition is required to
be allowed on the same line.
7. Accordingly, this petition is allowed. The
respondent authorities are hereby directed to confer the
benefits of pay-scale of Rs.12000-18300 instead of Rs.12000-
18000 to the petitioners with effect from respective dates
from which they are paid the pay scale of Rs.12000-18000
and to grant pay scale of Rs.12000-18300 after treating them
to have been worked for 5(five) years in the pay scale of
Rs.3700-5700 and fix their pay accordingly and if they are
entitled to revision of pay on the said pay scale, the same
may also be granted to them. In cases where the petitioners
have retired, their pension and retirement benefits shall also
be revised accordingly. The entire exercise shall be carried
out within a period of three months from the date of receipt
of copy of this order.
(SANDEEP N. BHATT,J)
SRILATHA
