Gujarat High Court
Mukeshbhai Ganeshbhai Patel vs State Of Gujarat on 10 March, 2023
C/SCA/3929/2023 ORDER DATED: 10/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3929 of 2023
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MUKESHBHAI GANESHBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR NK MAJMUDAR(430) for the Petitioner(s) No.
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C/SCA/3929/2023 ORDER DATED: 10/03/2023
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954,955,956,957,958,959,96,960,961,962,963,964,965,966,97,98,99
for the Respondent(s) No. 2,3,4
MR NIRAJ SHARMA, AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 10/03/2023
ORAL ORDER
1. This petition is filed by 966 petitioners who are serving as compounders/pharmacists praying for the following reliefs:
"7(A) xxxx (B) Be pleased to pass appropriate writ, order and/or direction and be pleased to quash and set aside the action of decision of the concerned respondent authorities of subjecting the petitioners to great injustice and not extending the benefits of salary for a period of 130 days, between 25.3.2020 to 15.10.2021, the period during which Page 2 of 8 Downloaded on : Fri Mar 10 21:00:54 IST 2023 C/SCA/3929/2023 ORDER DATED: 10/03/2023 the petitioners had already discharged their duties on public holidays as well as on non-working Saturdays and Sundays, though the state of Gujarat has published a resolution dated 02/11/2022 being reference no.MPW-102018-908-G (PA.FA.) by which the employees of various cadres appointed under respondent no.3 - Department namely Multipurpose Health Workers, Female Health Workers, Female Health Supervisors, Multipurpose Health Supervisors Class-3 have already been granted the salary for the period of 25/03/2020 to 15/10/2021 i.e. for a total of 130 days on the ground that the concerned the employees of aforesaid cadres have already discharged their duties on public holidays and non-working Saturdays and Sundays as the same is discriminatory, illegal, illogical, arbitrary and violative of article 14 of the Constitution of India, and is against the principles of natural justice, and the petitioners pray for issuance of appropriate writ, order or direction upon the concerned respondent authorities to pass appropriate orders for extending the benefits of salary for a period of 130 days, between 25/03/2020 to 15/10/2021, the period during which the petitioners had already discharged their duties on public holidays as well as on non-working Saturdays and Sundays, though the state of Gujarat has published a resolution dated 02/11/2022 being reference no.MPW-102018-908-G (PA.FA.) by which the employees of various cadres appointed under respondent no.3-Department namely Multipurpose Health Workers, Female Health Workers, Female Health Page 3 of 8 Downloaded on : Fri Mar 10 21:00:54 IST 2023 C/SCA/3929/2023 ORDER DATED: 10/03/2023 Supervisors, Multipurpose Health Supervisors Class-3 have already been granted the salary for the period of 25/03/2020 to 15/10/2021 i.e. for a total of 130 days on the ground that the concerned the employees of aforesaid cadres have already discharged their duties on public holidays and non-working Saturdays and Sundays and therefore appropriate writ, order and/or directions may kindly be issued in this regard. (C) Be pleased to pass appropriate writ, order and/or direction and be pleased to quash and set aside the action of decision of the concerned respondent authorities of not making the payment of additional sum of Rs.4000 per month to the petitioners being the additional amount under heading/nomenclature of `Encouragement Incentive' or any other heading or nomenclature where other cadres of employees appointed by respondent no.3 were already granted this benefit under the nomenclature of `Surveillance Encouragement - Surveillance Incentive' which was granted given to various cadres i.e. Multipurpose Health Workers, Female Health Workers, Female Health Supervisors, Multipurpose Health Supervisors Class-3 where the same has been ordered to be paid/extended by G.R.dated 02/11/2022 (reference no.MPW-102018-908-G (PA.FA.) to Multipurpose Health Workers, Female Health Workers, Female Health Supervisors, Multipurpose Health Supervisors Class-3; and as the same is not extended to the petitioner/pharmacists the petitioners prays pray for issuance of appropriate writ, order or direction upon the concerned respondent authorities to Page 4 of 8 Downloaded on : Fri Mar 10 21:00:54 IST 2023 C/SCA/3929/2023 ORDER DATED: 10/03/2023 pass appropriate orders of making making the payment of additional sum of Rs.4000 per month to the petitioners being the additional amount under heading/nomenclature of `Encouragement Incentive' or any other heading or nomenclature where other cadres of employees appointed by respondent no.3 were already granted this benefit under the nomenclature of `Surveillance Encouragement - Surveillance Incentive'- which was granted given to various cadres i.e. Multipurpose Health Workers, Female Health Workers, Female Health Supervisors, Multipurpose Health Supervisors Class-3 where the same has been ordered to be paid/extended by G.R.dated 02/11/2022 [reference no.MPW-
102018-908-G (PA.FA.) to Multipurpose Health Workers, Female Health Workers, Female Health Supervisors, Multipurpose Health Supervisors Class-3; and as the same is not extended to the petitioner/pharmacists and therefore appropriate writ, order and/or directions may kindly be issued in this regard; (Annexure E colly) ALTERNATIVELY Be pleased to pass an order to Revise Pay Structure including Grade Pay under Gujarat Civil Service (Revision of Pay) Rules, 2016 which are also known as 7 th Pay (Revision of Pay) Rules to apply the grade pay of 4200 as well as the revised pay scale of Rs.35,400 - Rs.1,12,400 with pay matrix of level 6 in the favour of the petitioners, in the interest of justice.
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C/SCA/3929/2023 ORDER DATED: 10/03/2023 (D) Be pleased pass an order and be pleased to consider and decide the representations annexed at Annexure-F preferred by the petitioners, as expeditiously as possible, in the interest of justice.
(E) By way of interim order be pleased to consider and decide the representations annexed at ANNEXURE-F preferred by the petitioners in the interest of justice. (F) Be pleased to pass such orders as thought fit in the interest of justice."
2. Heard learned advocate Mr.Majmudar for the petitioners and learned AGP Mr.Niraj Sharma for the respondents.
3. Learned advocate Mr.Majmudar has submitted that the Gujarat Civil Services (Revision of Pay) Rules, th 2016 which are also known as 7 Pay (Revision of Pay) Rules are in force. He submitted that there are two grievances involved in the present petition viz. (i) the applicability of revised pay structure including grade pay applied to the aforesaid cadre and (2) not granting the benefit of salary for a period of 130 days between 25.3.2020 to 15.10.2021, the period during which such Page 6 of 8 Downloaded on : Fri Mar 10 21:00:54 IST 2023 C/SCA/3929/2023 ORDER DATED: 10/03/2023 employees had already discharged the duties on public holidays as well as non-working Saturdays and Sundays. He has drawn the attention of this Court to two Government Circulars dated 2.11.2022. He further submitted that the representation to this effect is already made by the association which are produced at Annexure `F' collectively from page no.191 to 197 to this petition.
4. Learned AGP Mr.Sharma appearing for the respondents has submitted that necessary details are not given in the petition about the present status of the petitioners and it is very difficult to respond in such condition where the details are not available on the record.
5. Learned advocate Mr.Majmudar, at this stage, submits that the petitioners will make one common representation with regard to the two grievances mentioned above with all the necessary details.
6. In view of the above, though this Court has prima facie examined the issue in this matter, without expressing any opinion on the merits of the matter, this Page 7 of 8 Downloaded on : Fri Mar 10 21:00:54 IST 2023 C/SCA/3929/2023 ORDER DATED: 10/03/2023 petition is disposed of with a direction to the respondents-authorities to consider the fresh representation that may be made by the petitioners, if it is made within a period of two weeks from today. If the same is made within a period of two weeks from today, the same be considered and decided as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of the said representation, keeping in mind the applicability of Government Resolutions and also considering the material available on record, in accordance with law. The said decision be communicated to the petitioners within a period of two weeks thereafter. Direct service is permitted.
(SANDEEP N. BHATT,J) SRILATHA Page 8 of 8 Downloaded on : Fri Mar 10 21:00:54 IST 2023