Citation : 2025 Latest Caselaw 5125 Guj
Judgement Date : 25 June, 2025
NEUTRAL CITATION
C/SCA/16541/2015 ORDER DATED: 25/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16541 of 2015
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BAKULBHAI BHAVANBAI MEHTA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR NK MAJMUDAR(430) for the Petitioner(s) No. 1
MR. HENIL SHAH, AGP for the Respondent(s) No. 1,2
RULE SERVED for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 25/06/2025
ORAL ORDER
1. The present petition is filed for seeking the following
reliefs:
"A) Be pleased to admit / allow this petition;
B) Be pleased to issue appropriate writ, order or direction and be pleased to quash and set aside the illegal, illogical, discriminatory and arbitrary action of the respondent authorities of not granting /disbursing the benefits of higher pay scale to the petitioner as per Government Resolution dated 17.10.1994 and other connected Government
Resolutions and be pleased to issue directions upon the respondent authorities to grant / disburse the benefit of higher pay scales to the petitioner, as petitioner has already completed 6, 13 and 19 years of services as per the Government Resolution dated 17.10.1994, therefore, all the
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C/SCA/16541/2015 ORDER DATED: 25/06/2025
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three higher pay scales be ordered to be granted / disbursed to the petitioner and difference of salary be ordered to be paid to the petitioner with 12% interest and retirement dues, pension be ordered to be revised after granting benefit of higher pay scale and difference of retirement dues, pension and other consequential benefits be ordered to be paid with 12% interest to the petitioner;
C) Be pleased to grant interim relief and by way of interim order, be pleased to direct the respondent authorities to grant / disburse the benefit of higher pay scale to the petitioner, pending admission, hearing and final disposal of the present petition;
E) Be pleased to pass such orders as thought fit in the interest of justice."
2. After arguing for some time, learned advocate Mr. N.K.
Majmudar has submitted that the Hon'ble Ape Court has
decided the issue involved in the present petition against the
present petitioner and, therefore, in view of subsequent
development, appropriate order may be passed.
3. Learned AGP Mr. Henil Shah has also submitted that
in view of subsequent development, whereby now the Hon'ble
Apes Court has decided the issue involved in the present
petition, the prayers made in the present petition cannot be
granted. Hence, he has prayed to dismiss the present
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C/SCA/16541/2015 ORDER DATED: 25/06/2025
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petition.
4. Considering the submissions made at the bar, more
particularly, considering the fact that identical issue involved
in the present petition is decided by the Hon'ble Apex Court
against the petitioner in the case of State of Gujarat vs. P.A.
Bhatt reported in 2023 (0) AIJEL-SC 70850 and, therefore,
no prayer prayed in the present petition is required to be
granted in view of the above judgment.
5. Accordingly, the present petition is dismissed. Rule
stands discharged.
(SANDEEP N. BHATT,J) DIWAKAR SHUKLA
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