Gujarat High Court
State Of Gujarat Through Additional ... vs Roosevelt G Shah on 3 September, 2025
Author: A. S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/LPA/880/2016 ORDER DATED: 03/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 880 of 2016
In R/SPECIAL CIVIL APPLICATION/1858/2011
With
R/LETTERS PATENT APPEAL NO. 881 of 2016
In
R/SPECIAL CIVIL APPLICATION NO. 4166 of 2011
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STATE OF GUJARAT THROUGH ADDITIONAL SECRETARY & ANR.
Versus
ROOSEVELT G SHAH & ANR.
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Appearance:
MR AAKASH GUPTA, AGP for the Appellant(s) No. 1,2
MR HS MUNSHAW(495) for the Respondent(s) No. 2
MR M.M. KADIWALA on behalf of MR VAIBHAV A VYAS(2896) for the
Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE R. T. VACHHANI
Date : 03/09/2025
COMMON ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. Today, when the matter is called out, learned advocates for
the respective parties have pointed out the judgment and order
dated 07.10.2024 passed in Letters Patent Appeal No.98 of 2015,
and have submitted that the issue in the present Letters Patent
Appeals, is squarely covered by the said judgment and order, and
the matter may be disposed of in terms of the said judgment and
order. In the present Letters Patent Appeals, the appellants have
raised the issue about the pay protection.
NEUTRAL CITATION
C/LPA/880/2016 ORDER DATED: 03/09/2025
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2. On an identical issue, this Court in the judgment and order
dated 07.10.2024 has observed in paragraph No.9 as under:
"9. Thus, the issue only confines to the "pay protection of the higher
pay-scale", which the respondent - employee had received while
they were serving in the Corporation and thereafter, they have been
declared surplus. The Gujarat Fisheries Development Corporation
Limited issued the Circular dated 06.07.1998 since it was being
closed down for its employees either to seek voluntary retirement or
on being declared as surplus, they would be absorbed in other
departments on the conditions, as mentioned in the said circular.
One of the conditions of the circular is condition No.5, which will
govern the issue, which has been raised before us. The said
condition specifically stipulates that the "basic pay" of the surplus
employees / officers will be protected, whereas in case they are
appointed in other department, "the higher pay- scale", which they
have already received will not be protected. This vital aspect, which
governs the issue has not been considered by the learned Single
Judge. It is not in dispute that the basic pay of the respondent -
employees are protected."
3. Thus, the present Letters Patent Appeals are disposed of in
terms of the judgment and order dated 07.10.2024 passed in
Letters Patent Appeal No.98 of 2015.
Registry is directed to place a copy of this order, in each of
the captioned connected matter(s).
Sd/- .
(A. S. SUPEHIA, J)
Sd/- .
(R. T. VACHHANI, J)
MVP/27
