[Cites 1, Cited by 0]
Gujarat High Court
Laljibhai Kanjibhai Samecha vs The Gujarat State Land Development ... on 28 April, 2026
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/6488/2025 JUDGMENT DATED: 28/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO.6488 of 2025
FOR APPROVAL AND SIGNATURE :
HONOURABLE MR. JUSTICE NIRZAR S. DESAI
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Approved for Reporting Yes No
YES
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LALJIBHAI KANJIBHAI SAMECHA & ORS.
Versus
THE GUJARAT STATE LAND DEVELOPMENT CORPORATION LIMITED & ANR.
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Appearance :
MS DHRUVI DESAI WITH MS HARSHAL N PANDYA for the Petitioners.
MR HS MUNSHAW for the Respondent No.1.
MR HENIL SHAH, AGP for the Respondent No.2.
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 28/04/2026
ORAL JUDGMENT
1. Heard learned advocate Ms. Dhruvi Desai for Ms.
Harshal Pandya appearing for the petitioners, learned advocate Mr.
H. S. Munshaw appearing for respondent No.1 - Gujarat State
Land Development Corporation Limited, and learned Assistant
Government Pleader Mr. Henil Shah appearing for respondent
No.2 - State.
2. The draft amendment tendered by learned advocate
Ms. Dhruvi Desai for the petitioners is taken on record and
granted. To be carried out forthwith.
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C/SCA/6488/2025 JUDGMENT DATED: 28/04/2026
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3. With the consent of the learned advocates appearing
for the respective parties, the matter was taken up for final
hearing. Hence, RULE. Learned advocate Mr. H. S. Munshaw
waives service of rule on behalf of respondent No. 1 - Gujarat State
Land Development Corporation Limited, and learned Assistant
Government Pleader Mr. Henil Shah waives service of rule on
behalf of respondent No. 2 - State.
4. By way of this petition, the petitioners have prayed for
the following reliefs :-
"The petitioners pray that, on the basis of the facts
and circumstances as mentioned hereinabove and
which may be urged at the time of hearing, the
Honourable Court may be pleased to issue a writ of
mandamus or any other appropriate writ, order or
direction to the respondent authorities and may be
pleased to :-
(A) declare and hold that the action of
respondent authorities of not extending benefit of
first higher grade scale of Rs.5200-20200, GP 2800
(revised 29200-92300 as per 7th Pay Commission) of
the cadre of Field Supervisor on the ground of non-
passing of departmental examination is illegal,
arbitrary, discriminatory and contrary to the settled
position of law, and
(B) further be pleased to hold that petitioners are
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C/SCA/6488/2025 JUDGMENT DATED: 28/04/2026
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entitled to receive first higher pay scale from their
due dates, and accordingly, direct the respondent
authorities to extend the benefit of first higher pay
scale of Field Supervisor Rs.5200-20200, grade pay
Rs.2800 (revised 29200-92300 as per 7 th Pay
Commission) to the petitioners from their due dates
forthwith and pay arrears thereof with 9% interest,
and
(C) award the exemplary cost of present petition,
and
(D) pending admission and final disposal of this
petition, this Honourable Court may be pleased to
direct the respondent authorities to grant first
higher pay scale to the petitioners from their due
dates subject to their passing of departmental
examination, and/or
(E) grant any other relief or pass any other order
which the Honourable Court may consider as just
and proper in the facts and circumstances of the
case."
5. It is the case of the petitioners, as canvassed by learned
advocate Ms. Harshal Pandya that the petitioners joined the service
in 2012 as Field Assistants (Soil Conservation), Class-III in
respondent No.1 - Corporation. They were initially appointed on a
fixed pay of Rs. 5,300/- for the first five years, and thereafter were
placed in the regular pay scale of Rs. 5,200-20,200 with Grade Pay
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of Rs.2,400/-. However, such benefits were granted belatedly in the
year 2021 with retrospective effect. As per the revised pay scale
granted to them under the 7th Pay Commission, they are presently
drawing pay in the scale of Rs.25,500-81,100. At present, the
petitioners are on deputation but are under the complete
administrative control of respondent No.1 Corporation. The
petitioners are seeking the benefit of a higher pay scale.
6. Though the petitioners have passed the CCC
examination and the pre-service training examination, they have
not been able to clear the departmental examination, as respondent
No.1 Corporation has neither framed nor published any Rules
requiring employees to pass such an examination for promotion.
Moreover, no such departmental examination was conducted after
their appointment till the time they became eligible for the first
higher pay scale.
7. At this juncture, learned advocate Mr. Munshaw
pointed out, from the affidavit in reply, that the departmental
examination, after the petitioners' appointment in the year 2012,
was conducted in the year 2021, in which the petitioners could not
clear the examination for promotion. However, learned advocate
Mr. Munshaw fairly submitted that, except for the said
departmental examination held in 2021, no other departmental
examination for promotion has been conducted by respondent No.1
Corporation till date.
8. Learned advocate Ms. Harshal Pandya pointed out that,
in similar facts, a Co-ordinate Bench of this Court, taking into
consideration the respondent's failure to conduct the departmental
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promotional examination, in the case of Ganpatbhai Adlabhai
Rathva versus State of Gujarat in Special Civil Application
No.15597 of 2019, decided on 30.03.2022, which pertains to
the same cadre of the same Corporation, the Co-ordinate Bench of
this Court has considered the aforesaid aspect and directed the
respondents to extend the benefit of the first higher grade pay
scale for Field Supervisors to the petitioner from their date of
eligibility, i.e. on completion of 10 years of service.
9. In the instant case, as per the Government Resolution
dated 19.10.2022, the petitioners, according to learned advocate
Ms. Harshal Pandya, are eligible and entitled to the first higher pay
scale upon completion of 10 years of service from the date of the
Government Resolution. Therefore, the petitioners are required to
be granted the benefit of the first higher pay scale from the date of
the Government Resolution, i.e. 19.10.2022.
10. As stated earlier, learned advocate Mr. Munshaw,
appearing for respondent No.1 Corporation, could not dispute the
fact that, except for the year 2021, no departmental promotional
examination has been conducted by the respondent No.1
Corporation. He also could not dispute that, in respect of
identically situated persons, when a Co-ordinate Bench of this
Court, vide its judgment dated 30.03.2022, directed the respondent
Corporation to extend the benefit of the first higher pay scale to the
concerned petitioner, the said order was complied with by the
respondent Corporation.
11. In view of the above, as it is not in dispute that the
respondent Corporation has not conducted any departmental
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promotion examination except for the year 2021, in which the
petitioners were unsuccessful, and no other examination has ever
been held, thereafter it follows that, as per the Government
Resolution dated 19.10.2022, the petitioners had completed 10
years of service on the date of the Government Resolution. This
fact, as stated by the petitioners, was not disputed by learned
advocate Mr. Munshaw. Therefore, the petitioners are eligible for
the first higher pay grade scale upon completion of 10 years of
service.
12. The Co-ordinate Bench of this Court, in the case of
Ganpatbhai Adlabhai Rathva v. State of Gujarat in Special
Civil Application No.15597 of 2019, decided on 30.03.2022
observed in paragraphs 5 to 7 as under :-
"5. Perusal of the affidavit-in-reply would indicate
that attempts were made by the Board of Directors
of the Corporation to get the examinations held
through the Agriculture University at Anand.
Resolution is placed on record. The university
refused to conduct such examination which was
conveyed to the Corporation. Admittedly therefore
from a perusal of paragraphs no. 4 and 5 of the
reply of the Corporation it is evident that no
departmental examinations were held and therefore
denial of the higher pay scale only on the ground of
the petitioners' inability to pass such examinations
is misconceived. For no fault of theirs the
petitioners who were otherwise willing to take such
examinations could be blamed. Inability to hold
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examinations is an admitted statement made in the
affidavit-in-reply.
6. As is also evident from the order dated
21.01.2009 that persons who were appointed as
Field Supervisors with the Corporation, were
granted benefit of first higher grade scale on
completion of 9 years of service which was the
requisite period of service at the relevant point of
time. The communication dated 21.03.2018
therefore holding that the petitioners cannot get the
higher pay scale on the ground that they did not
pass the departmental examinations is held to be
bad.
7. The petition is allowed. The respondents are
directed to extend the benefit of first higher grade
scale of Field Supervisor to the petitioners from
their date of eligibility i.e. on completion of 12 years
from their initial date of appointment. The
respondents are directed to comply with the present
order within a period of ten weeks from the date of
receipt of the writ of the order of this Court. Rule is
made absolute."
13. At the relevant point of time, since the Government
Resolution dated 19.10.2022 was not in existence, what was
considered were the failures in being eligible for the first higher
pay scale. However, after the aforesaid judgment was delivered,
the Government Resolution dated 19.10.2022 now provides for the
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first higher pay scale upon completion of 10 years of service, even
if the 10 year period was completed prior to the date of the
Government Resolution. Accordingly, in view of the observations
made in the case of Ganpatbhai Adlabhai Rathva (supra), and based
on the fact that the departmental promotion examination could not
be conducted except in the year 2021, the petitioners are held
eligible and entitled to the first higher pay scale. The respondents
are directed to grant the benefit of the first higher pay scale to
each of the petitioners upon completion of 10 years of service, as
per the Government Resolution dated 19.10.2022, within a period
of three months from today, from the date of their entitlement, i.e.,
from the date of the Government Resolution.
14. With the above observations, the petition is allowed.
Rule is made absolute. No order as to costs.
(NIRZAR S. DESAI,J)
SAVARIYA
