Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Guj) 380

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. B. PARDIWALA, VAIBHAVI D. NANAVATI, JJ
PRINCIPAL DISTRICT JUDGE - Appellant
Versus
RAJESH PRANJIVAN GOR & others - Respondent
LETTERS PATENT APPEAL NO. 161 of 2017
In
SPECIAL CIVIL APPLICATION NO. 11625 of 2014
With
LETTERS PATENT APPEAL NO. 165 of 2017
In
SPECIAL CIVIL APPLICATION NO. 11539 of 2014
Decided On : 06-07-2021

Advocates Appeared:
For the Appellant : LAW OFFICER BRANCH, MS TRUSHA K PATEL
For the Respondent: MR VK JOSHI

Point of Law: Article 229 of the Constitution of India and the employees and staff members of the District Courts are governed by different rules. In the wake of above, they are entitled to higher grade pay-scale.

Headnote:
Constitution of India – Writ petition - To grant the second higher pay-scale - the writ-applicants are not graduate and, therefore they did not qualify for the grant of higher grade pay-scale - submitted that when the employees are given the financial benefit to the next promotional post, they are required to be eligible for being promoted to the said post - whether petitioner, who after being in service continuously for 9 years has been given only first higher grade pay-scale, would be entitled to the second higher grade pay-scale after 24 years of service- whether petitioner would be entitled to the higher grade pay scale as nothing has been granted to him after his service of 12 years –
Finding of the Court:
, that denial of higher pay-scale only on the ground that the educational qualification required for being appointed as Gujarati Stenographer Grade-II has been changed subsequently would surely result into stagnating the employee for the entire life time although there is nothing adverse against them nor is their performance dissatisfactory- It is prerogative of every establishment to set out better criteria and performance for grant of promotion, communication sought to be relied upon is neither in the form of rules nor regulations- Meant to govern the field till rules on the subject are framed, guidelines are acting as prejudicial to the interest of petitioners and discriminatory as some of the employees similarly situated have been already granted such benefits. The same being prejudicial to their interest also deserves indulgence. Further it also weighed that the rules governing the staff and officers of the High Court are framed under Article 229 of the Constitution of India and the employees and staff members of the District Courts are governed by different rules- They are entitled to higher grade pay-scale –
Result: Writ petition dismissed.

JUDGMENT :

VAIBHAVI D. NANAVATI, J.

1. These appeals under Clause 15 of the Letters Patent are at the instance of the original respondent No.2 and are directed against the order dated 11.1.2016 passed by the learned Single Judge of this Court in the Special Civil Applications Nos.11539 and 11625 of 2014 respectively by which the learned Single Judge allowed both the writ-applications.

2. The facts giving rise to these appeals may be summarized as under :-

2.1 The present opponent No.2 of the Special Civil Application No.11539 of 2014 was appointed on the post of the Gujarati Stenographer, Grade-II on 12.4.1983 on the establishment of District and Sessions Court, Kutch-Bhuj. He continued on the said post for the period of 32 years. On completion of 09 years of service he was given the first higher grade pay-scale by order dated 9.12.2009 with effect from 1.9.1993. At the time of filing of the writ-application the writ-applicant was senior most in the entire State and he became entitled to second higher grade pay-scale with effect from 1.9.2008. By order dated 5.1.2013 passed by the appellant herein the said benefit of second higher grade pay-scale of Rs.9300-34800 in the grade pay of Rs.5400 came to be rejected. The writ-applicant therefore approached this Court by filing the Special Civil Application No.11539 of 2014 seeking direction against the respondent No.2 to grant the second higher pay-scale of Rs.9300-34800 in the grade pay of Rs.5400 with effect from 1.9.2008.

2.2 The present opponent No.1 of the Special Civil Application No.11625 of 2014 was appointed on the post of the Gujarati Stenographer, Grade-II on 13.10.1999 on the establishment of District Court, Kutch-Bhuj. Though the opponent No.1 had completed more than 20 years of service, he was not granted the benefit of first higher grade pay-scale. By order dated passed by the appellant herein the said benefit of second higher grade pay-scale of Rs.9300-34800 came to be rejected. The writ-applicant therefore approached this Court by filing the Special Civil Application No.11625 of 2014 seeking direction against the respondent No.2 to grant the first higher pay-scale of Rs.9300-34800 with effect from 14.10.2011.

2.3 The appellants herein opposed the writ-applications by submitting that the High Court of Gujarat had framed a criteria for promotion to the post of Stenographer Grade-I and II in the subordinate Courts of the State and also directed to keep in mind the instructions issued by the High Court vide the letter dated 4.10.2002. Further the recruitment rules were revised for the appointment of English/Gujarati Stenographer Grade-I and Grade-II, where it was directed to follow the educational qualification for the said posts and the minimum qualification prescribed was graduation from any faculty or other degree recognized as equivalent to it by the Government. It was further argued that the writ-applicants are not graduate and, therefore they did not qualify for the grant of higher grade pay-scale.

3. As the learned Single Judge allowed both the writ-applications by way of common judgment and order dated 11.1.2016 passed in the Special Civil Application No.11539 of 2014 and the Special Civil Application No.11625 of 2014 respectively, both the appeals are being decided together by this common judgment.

4. The learned Single Judge allowed both the writ-applications and held that the writ-applicants were entitled to the higher grade pay-scale of Rs.9300-34800.

5. The appellant (original respondent No.2) being aggrieved and dissatisfied with the judgment and order dated 11.1.2016 passed by the learned Single Judge allowing the Special Civil Applications Nos.11539 and 11625 of the 2014 has filed the present appeals.

6. We have heard Ms. Trusha K. Patel, the learned counsel appearing for the appellants (original respondent No.2 respectively) and Mr. V. K. Joshi, the learned counsel appearing for the respondent No.1 ( original writ-applicants).

7. Learned counsel for the appellants

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