Gujarat High Court
State Of Gujarat vs Bipinchandra L. Mesariya on 9 October, 2025
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C/SCA/14108/2018 ORDER DATED: 09/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14108 of 2018
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STATE OF GUJARAT
Versus
BIPINCHANDRA L. MESARIYA & 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
RULE SERVED 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) The Hon'ble Court may kindly be pleased to issue
appropriate writ, order or direction so as to quash and set-
aside the order dated 03-04-2017 at Annexure-A, and further
hold that the decision taken by the `Departmental Promotion
Committee (DPC)' in the DPC meet dated 16-07-2001 was
just and proper.
(B) The Hon'ble Court may kindly be pleased to stay the
implementation, operation and execution of the said order 03-
04-2017 at Annexure-A.
(C) The Hon'ble Court may kindly be pleased to grant ad
interim order in terms of paragraph B
(D) xxxxx"
2. The brief facts leading to filing of this petition are
such that the respondent has been working as a Group
Instructor, Class-III, and he joined services on 7.7.1989 and
NEUTRAL CITATION
C/SCA/14108/2018 ORDER DATED: 09/10/2025
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the duration of nine years would come to an end on
8.7.1998; however, the said benfits were extended from
1.4.1999 instead of 8.7.1998 as per the meeting of the DPC.
The said decision was taken by the committee and in view of
the same, decision was taken on 5.5.2001 to give the benefit
st
of Rs.6500-10500 from 1.4.1999 in form of 1 Higher Grade
Pay Scale. Therefore, the controversy arose and the
respondent no.1 filed appeal before the learned Tribunal,
which was allowed. 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.
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 1997-98.
5. At this stage, respondent no.1 has fairly conceded
that except for the year 1997-98 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.
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C/SCA/14108/2018 ORDER DATED: 09/10/2025
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6. Considering the same, this petition is allowed by
quashing and setting aside the impugned judgment and
award dated 3.4.2017 passed by the Learned Gujarat Civil
Services Tribunal, Gandhinagar in Appeal No.145 of 2002.
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 1997-98 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, 16.8.1994 and 2.7.2007 and after verifying the
service record of 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
