Alpesh Dineshchandra Raval vs State Of Gujarat Through Additional ...
2025 Latest Caselaw 7219 Guj

Citation : 2025 Latest Caselaw 7219 Guj
Judgement Date : 6 October, 2025

Gujarat High Court

Alpesh Dineshchandra Raval vs State Of Gujarat Through Additional ... on 6 October, 2025

Author: Sunita Agarwal

Bench: Sunita Agarwal

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                              C/MCA/2192/2025                                    ORDER DATED: 06/10/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                              R/MISC. CIVIL APPLICATION (FOR RECALL) NO. 2192 of 2025

                                     In R/SPECIAL CIVIL APPLICATION NO. 9960 of 2008

                       ==========================================================
                                         ALPESH DINESHCHANDRA RAVAL
                                                    Versus
                            STATE OF GUJARAT THROUGH ADDITIONAL CHIEF SECRETARY &
                                                     ORS.
                       ==========================================================
                       Appearance:
                       MR AS ASTHAVADI(3698) for the Applicant(s) No. 1
                       MS. HETAL PATEL, AGP for the Opponent(s) No. 1,2,3
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                         CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
                               SUNITA AGARWAL
                               and
                               HONOURABLE MR.JUSTICE D.N.RAY

                                                        Date : 06/10/2025

                                               ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. The only ground seeking to recall the judgment and

order dated 24.06.2014 raised by the learned Counsel for the

petitioner before us is that Special Civil Application No.9960

of 2008 was wrongly tagged and decided by the Division

Bench vide common judgment and order dated 24.06.2014,

without considering the specific relief sought in the writ

petition. The further submission is that, the then Counsel

appearing for the petitioner had already been elevated to

Bench of this Court and the petitioner remained

unrepresented as on the date of the decision.

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2. Considering the above, though we are not satisfied with

the explanation offered by the learned Counsel for the

petitioner about the delay of more than 10 years in moving

the recall application but pertinent is to note that the writ

petition was filed with the prayers as under:

"(A) declare and hold that the petitioner is entitled to get the first higher grade scale of Rs. 5000-8000, and

(B) further be pleased to direct the respondent authorities to grant the first higher grade scale of Rs.

5000-8000 to the petitioner, w.e.f. 15.6.2001, with all consequential benefits and arrears, with interest, at the rate which the Honourable Court may consider as just and proper in the facts and circumstances of the case."

3. The order of disposal of the writ petition along with the

connected matters dated 24.06.2014 however, contains the

following directions:-

ORDER ON OTHER ALLLIED MATTERS "In all these Special Civil Applications, a common question is involved as to the applicability of the recommendation of Fifth Pay Commission on the employees of the municipalities.

It appears that in the past, a Division Bench of this Court, by order dated 10th March 2011, disposed of those applications by passing the following directions:

"The respondents are directed to pay the employees of regular establishment, who have been appointed

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C/MCA/2192/2025 ORDER DATED: 06/10/2025

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against sanctioned posts, revised scale of pay as per the recommendations of the 5th Pay Commission, granted by resolution dated 2.6.1998 and given effect vide letter dated 9.11.1998 and the arrears of salary in the said scale within two months from the date of receipt/production of a copy of this judgment. They be also provided such revised scale of pay with immediate effect. But this order shall not stand in the way of the Director of Municipalities to pass appropriate order under Section 260 with respect to those appointed against no post or unsanctioned posts and/or not appointed by the approval of the Director. If there is any scheme specifically framed by the State Government for the Municipalities or by the Municipalities and for giving effect to the same, if daily wage or contract employees are required, they may be paid wages under the scheme, but their salary and wages cannot be clubbed together with the salary to which the employees of regular establishment."

In view of the above order of the Division Bench, we dispose of all these applications in terms of the aforesaid order. No order as to costs.

In view of disposal of the main Special Civil Applications, all connected Civil Applications are also disposed of."

4. As the direction contained in the judgment and order

dated 24.06.2014, recall of which has been sought, do not

have any relevance to the relief prayed in the writ petition,

we are of considered opinion that the delay in filing the recall

application be condoned and the matter be placed before the

concerned Court as per the Roster for bringing the disputes to

its logical end.

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C/MCA/2192/2025 ORDER DATED: 06/10/2025

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