Gujarat High Court
State Of Gujarat Through ... vs Devendra Arvindbhai Patel on 9 October, 2025
NEUTRAL CITATION
C/SCA/12352/2020 ORDER DATED: 09/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12352 of 2020
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STATE OF GUJARAT THROUGH COMMISSIONERATE OF TECHNICAL
EDUCATION
Versus
DEVENDRA ARVINDBHAI PATEL & ANR.
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Appearance:
MS POOJA ASHAR, AGP for the Petitioner(s) No. 1
MR KIRIT R PATEL(2802) for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 09/10/2025
ORAL ORDER
1. This petition is filed for the following prayers:
"7(A) Your Lordship may be pleased to admit and allow this
petition;
(B) Your Lordships may be pleased to issue writ, order
direction of certiorari and/or any other writ in the nature of
certiorari to quash and set aside the impugned judgment
and award dated 14.11.2019 passed by the Learned Gujarat
Civil Services Tribunal, Gandhinagar in Appeal No.64 of
2018;
(C) Pending hearing and final disposal of the present
petition, Your Lordship may be pleased to stay the
implementation, execution and operation of the impugned
judgment and award dated 14.11.2019 passed by the Learned
Gujarat Civil Services Tribunal, Gandhinagar in Appeal
NEUTRAL CITATION
C/SCA/12352/2020 ORDER DATED: 09/10/2025
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No.64 of 2018;
(D) xxxxx"
2. The brief facts leading to filing of this petition are
such that the respondent no.1 was appointed in the year
1988 and the first higher pay scale came to be granted on
24.8.1997. He retired on 30.9.2016. It is the case of the
respondent no.1 that he has completed 15 years of service on
28.4.2012 and as per the provisions of the G.R. dated
2.7.2007, he is entitled for the second higher pay scale; that
he is entitled to get the higher pay scale from 28.4.2012 and
that the petitioner, vide order dated 15.10.2014, has denied
to grant the higher pay scale on the ground of adverse
remarks in annual confidential report for the year 2012-13;
therefore, the respondent no.1 preferred appeal before the
learned Gujarat Service Tribunal, Gandhinagar against the
order dated 15.10.2014 passed by the petitioner, to which the
petitioner filed the reply, however, the learned Tribunal
allowed the Appeal No.64 of 2018 by passing the impugned
judgment dated 14.11.2019. Therefore, this petition is filed by
the petitioner.
3. Heard learned AGP for the petitioner and learned
advocate Mr.Raval for the respondent no.1.
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C/SCA/12352/2020 ORDER DATED: 09/10/2025
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4. Learned AGP has submitted that the learned
Tribunal has erred in granting benefit of Second Higher Pay
Scale ignoring adverse remarks in service record of the
respondent no.1 for the year 2012-13.
5. At this stage, respondent no.1 has fairly conceded
that except for the year 2012-13 wherein the adverse remarks
are marked, if the respondent no.1 is entitled for Second
Higher Pay Scale considering the subsequent years of service,
then the he may be considered for grant of Second Higher
Pay Scale.
6. Considering the same, this petition is allowed by
quashing and setting aside the impugned judgment and
award dated 14.11.2019 passed by the Learned Gujarat Civil
Services Tribunal, Gandhinagar in Appeal No.64 of 2018.
However, right is reserved in favour of the respondent no.1
to approach the State Authority by filing representation, to
grant Second Higher Pay Scale in accordance with law
excluding the adverse remarks for the year 2012-13 and by
considering the subsequent ACRs. On receipt of any such
representation by the respondent no.1, the petitioner is
directed to consider the case of the respondent no.1, if he is
found eligible and entitled, in accordance with GRs dated
7.2.1995, 2.7.2007 and after verifying the service record of
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C/SCA/12352/2020 ORDER DATED: 09/10/2025
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the respondent no.1. The said exercise shall be completed
within 12 weeks from the date of receipt of such
representation. If the State reaches to a negative opinion of
not extending the benefits to the respondent no.1, then a
detailed reasoned order shall be passed within 6 weeks from
the date of receipt of such representation. It is needless to
say that the respondent no.1 is at liberty to challenge the
same, in case of difficulty.
(SANDEEP N. BHATT,J)
SRILATHA
