Gujarat High Court
J D Hadiyal vs State Of Gujarat on 8 October, 2025
NEUTRAL CITATION
C/SCA/9321/2010 ORDER DATED: 08/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9321 of 2010
With
CIVIL APPLICATION (FOR STAY) NO. 3 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 9321 of 2010
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J D HADIYAL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR HEMAL A DAVE(3832) for the Petitioner(s) No. 1
SWAPNESHWAR GOUTAM(9051) for the Petitioner(s) No. 1
MR HENIL SHAH, AGP for the Respondent(s) No. 1
MR DG CHAUHAN(218) for the Respondent(s) No. 2
RULE SERVED for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 08/10/2025
ORAL ORDER
1. This petition is filed for the following prayers:
"20(A) Quash and set aside the order dated 6.4.2010,
Amended Resolution No.GKV-142009-840-k.2 dtd 14/09/2020
as well as Resolution No.GKV-162016-2240-k.2 dated
24/092020 and direct the Respondents to grant to the
petitioner the pay scale of Rs.10,000-15,200 w.e.f. 22.07.2002
and further Rs.56100-177500 Pay Matrix Level-10 by
following the judgment dt.25.08.2004 rendered in Special
Civil Application No.9467/98 and to pay the arrears with 9%
interest.
(B) During the pendency and final disposal of this petition,
stay the implementation of the order dated 14/09/2020 and
24/09.2020 and the Respondent No.1 and 2 may be directed
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to grant the pay scale of Rs.10,000-152,00 to the petitioner
forthwith.
21(A) Quashing and setting aside the order dt.6.4.2010 and
directing the Respondents to grant to the petitioner the pay
scale of Rs.10,000-15,200 w.e.f.20.7.2002 by following the
judgment dt.25.8.2004 rendered in Spl.C.A. No.9467/98 and to
pay the arrears with 9% interest.
(B) During the pendency and final disposal of this petition,
the Respondents No.2 may be directed to grant the pay
scale of Rs.10,000-152,00 to the petitioner forthwith.
(C) xxxx"
2. It is the case of the petitioner that he had been
promoted for the post of Executive Engineer in the pay scale
of Rs.8000-13,500 vide order dated 22.7.2002. However, the
pay scale of Rs.10,000-15,200 was not granted. Petitioner
approached this Court by filing Special Civil Application
No.4608 of 2009, which was disposed of vide order dated
12.5.2009 directing to take appropriate decision. The
respondent authorities rejected the case of the petitioner vide
order dated 6.4.2010 which is challenged in the present
petition for the above prayers. Pending petition, respondent
passed further order seeking recovery vide order dated
14.9.2020 which is also challenged in the present petition.
3. The respondents have not filed their reply
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C/SCA/9321/2010 ORDER DATED: 08/10/2025
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controverting the averments made in the main petition.
However, respondent no.2 has filed reply in Civil Application
No.3 of 2020, to which, petitioner has contraverted by filing
rejoinder dated 14.12.2021.
4. At the outset, learned advocate for the petitioner
has submitted that the issue involved in this petition is
covered by the order of this Court dated 25.8.2004 passed in
Special Civil Application No.9467 of 1998.
5. The operative portion of the said judgment dated
25.8.2004 reads as under:
"5.1 Taking into consideration the observations of the learned
Single Judge in SCA no.6131 of 1995, more particularly, at
paras 5 and 6, as also, keeping in mind the observations
made by the Apex Court cited above, I am of the view that
the petitioners are entitled to the benefit of pay revision as
prescribed by the 5th Pay Commission as claimed by him
and he is required to be placed in the corresponding
payscale of Rs.10,000-15,200.
6.1 In view of the foregoing discussion, the petition is
allowed. The respondents are directed to pay all the arrears
to the petitioners on account of revised pay as well as the
retiral benefits together with interest at the rate of 9% from
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C/SCA/9321/2010 ORDER DATED: 08/10/2025
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1st January, 1996 till the payment treating the petitioners as
placed in the payscale of Rs.10,000-15,200 with effect from
1st January, 1996. The payment as directed be paid to the
petitioners within four months from today. Rule is made
absolute accordingly."
5. Learned AGP and learned advocate for respondent
no.2 could not contravert the submission of the learned
advocate for the petitioner and learned AGP has candidly
stated that the State has already accepted the
abovementioned judgment.
6. In view of the above, when the petitioner is
similarly situated with the petitioner of Special Civil
Application No.9467 of 1998 and the issue involved in this
petition is covered by the said judgment, which had attained
finality, there is nothing pointed out from the record to take
decision otherwise.
7. Therefore, this petition is allowed by quashing and
setting aside the impugned resolutions and directing the
respondents to pay all the arrears to the petitioners on
account of revised pay as well as the retiral benefits together
with interest at the rate of 9% from 2002 till the payment
treating the petitioners as placed in the payscale of
Rs.10,000-15,200, by making consequential revision, and fixing
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the pension. The payment as directed be paid to the
petitioners within four months from today. Rule is made
absolute accordingly with no order as to costs.
8. In view the above order, no orders are required to
be passed on the Civil Application. Hence, disposed of
accordingly.
(SANDEEP N. BHATT,J)
SRILATHA
