Gujarat High Court
State Of Gujarat vs N. G. Modh Through Legal Heir Manishbhai ... on 1 September, 2020
Author: Bhargav D. Karia
Bench: Bhargav D. Karia
C/SCA/10275/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10275 of 2020
==========================================================
STATE OF GUJARAT
Versus
N. G. MODH THROUGH LEGAL HEIR MANISHBHAI N MODH
==========================================================
Appearance:
MR SOAHAM JOSHI, AGP for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2
==========================================================
CORAM: HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 01/09/2020
ORAL ORDER
1. By this petition, under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for the following reliefs:
"A. This Hon'ble Court may be pleased to admit this Special Civil Application. B. This Hon'ble Court may be pleased to quash and set aside the judgment and award dated 28.05.2018 passed by the learned Gujarat Civil Service Tribunal, Gandhinagar in Appeal No. 335 /2003.
C. This Hon'ble Court may be pleased to implementation of the judgment and award dated 28.05.2018 passed by the learned Gujarat Civil Service Tribunal, Gandhinagar in Appeal No. 335/2003.
D. Pending, admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to stay the implementation and operation of the impugned order judgment and award dated 28.05.2018 passed by the learned Page 1 of 6 Downloaded on : Sat Feb 27 07:07:16 IST 2021 C/SCA/10275/2020 ORDER Gujarat Civil Service Tribunal, Gandhinagar in Appeal No. 335/2003.
E. Grant such other and further relief/s as may be deemed just and proper in the circumstances of the case."
2. The short facts of the case are that the respondent no.1 was appointed as a Senior Clerk with the petitioner department - the office of the Industries and Commissioner through direct recruitment on 29.11.1967. The respondent no.1 was subsequently promoted as Head Clerk on 01.01.1968, and thereafter, promoted to the cadre of Research Assistant on 01.01.1987.
3. It is the case of the petitioner that, at the relevant point of time, there was no higher position than that of Research Assistant in existence, the respondent no.1 therefore was entitled to the 1st higher grade pay scale as per the government resolution dated 16.08.1994.
4. The petitioner granted the 1st higher grade pay scale of the respondent no.1 being Rs.5500-175-9000 and the same was sent to the Accounts department for further consideration.
5. It appears that on 18.03.1999, the account office Page 2 of 6 Downloaded on : Sat Feb 27 07:07:16 IST 2021 C/SCA/10275/2020 ORDER through its written communication informed to the petitioner that the post of Research Assistant and that of the Superintendent has been merged by the government and the pay scale of both the cadres are similar i.e. Rs.5500-175-9000, and therefore, the respondent no.1 was denied the 1st higher grade pay scale.
6. The respondent no.1 thereafter made a representation on 01.04.2000 claiming that he was entitled to receive the pay scale of Rs.6500-200- 10500 i.e. higher scale applicable the post of the industries officer, which is merged from Research Assistant to that of the Superintendent. As the representation of the respondent was not considered, the respondent preferred an appeal being Appeal No. 335 of 2003 before the Gujarat Civil Service Tribunal, Gandhinagar, who by an order dated 13.07.2018 allowed the appeal granting the pay scale of Rs.6500-10500 for the higher grade pay scale w.e.f. 01.01.1996 to the respondent no.1.
7. Being aggrieved by the impugned order dated 13.07.2018 passed by the Gujarat Civil Service Tribunal, the petitioner has filed this petition.
8. Learned Assistant Government Pleader Mr. Soaham Page 3 of 6 Downloaded on : Sat Feb 27 07:07:16 IST 2021 C/SCA/10275/2020 ORDER Joshi for the petitioner-State submitted that the Tribunal has committed an error by granting higher grade pay scale of Rs.6500-10500 to the respondent no.1 as the post of the respondent no.1 is merged to that of the post of the Superintendent, having the higher grade pay scale at the relevant point of time of Rs.5500-175-9000.
9. It was further submitted that, the respondent no.1 could not have been awarded the pay scale of Rs.6500-10500 because that pay scale is for the post of Industries Officer and as per the Service Rules, for the feeder cadre of the post of Industries Officer, there is no post of Research Assistant.
10. It was further submitted that, in view of the fact that there is no change in the higher grade pay scale of the Research Assistant to that of the Superintendent and as such the impugned order passed by the Tribunal is contrary to the government resolution dated 16.08.1994, and therefore, the impugned order is liable to be quashed.
11. Having considered the submissions made by the learned Assistant Government Pleader and having Page 4 of 6 Downloaded on : Sat Feb 27 07:07:16 IST 2021 C/SCA/10275/2020 ORDER gone through the materials available on record as well as the impugned order passed by the Gujarat Civil Service Tribunal, Gandhinagar, it is not in dispute that the respondent no.1 was appointed since 1967 and later on, was promoted to the post of Research Assistant on 01.01.1987 and he is entitled to the benefit of higher grade pay scale as per the government resolution dated 16.08.1994.
12. It also appears from the record that by an order dated 22.02.1999 the petitioner was granted higher grade pay scale in the pay scale of Rs.5500-9000 which was not accepted by the Accounts Department on the ground that the post of the petitioner i.e. Research Assistant is upgraded and merged with the post of the Superintendent, and therefore, the respondent no.1 was not entitled to the pay scale of Rs.5500-9000.
13. The Tribunal after considering the submission made by both the sides has rightly held that the respondent no.1 has completed 9 years of service as on 30.12.1995 in the post of Research Assistant and he was entitled to get the 1st higher grade pay scale, as per the government resolution dated 16.08.1994. The Page 5 of 6 Downloaded on : Sat Feb 27 07:07:16 IST 2021 C/SCA/10275/2020 ORDER Tribunal also considered the Rule-41(A) of the Gujarat Civil Service Rules so as to consider the entitlement of the respondent no.1 to the higher grade pay scale of Rs.6500-10500. The Tribunal thereafter has held that as there is a merger of the post, the respondent no.1 was entitled to the higher grade pay scale of Class-II officer, but as there is no promotional avenue open for the respondent no.1, the pay scale of the Class-II officer i.e. Rs.6500- 10500 was granted to the respondent no.1 as per the Paragraph-3(3) of the government resolution dated 16.08.1994 as well as Paragraph-3(1) of the government resolution dated 02.07.2007.
14. In view of the above findings of fact arrived at by the Tribunal, there is no infirmity in the impugned order and no interference is required to be made, while exercising the writ jurisdiction under Articles 226 and 227 of the Constitution of India.
15. The petition therefore, being devoid of any merit, is liable to be rejected and is accordingly summarily dismissed, with no order as to costs.
(BHARGAV D. KARIA, J) RAGHUNATH R NAIR Page 6 of 6 Downloaded on : Sat Feb 27 07:07:16 IST 2021