Denying the benefits of higher grade scale as per Government Resolution dated 1.3.1993 would be illegal and arbitrary.

JUDGMENT :

BIREN VAISHNAV, J.

1. RULE returnable forthwith. Mr. Kurven Desai learned AGP waives service of notice of Rule on behalf of the respondent/State.

2. With the consent of learned advocates for the respective parties, the petition is taken up for final hearing.

3. Mr. A.S. Asthavadi learned advocate for the petitioner states that the case of the petitioner is covered by the decision of this Court in case of Chunibhai Nanjibhai Bhanderi v. State of Gujarat rendered in Special Civil Application No. 9248 of 2022.

4. The above said decision reads as under:

“1. Rule returnable forthwith. Mr. Sharma, learned Assistant Government Pleader waives service of notice of Rule for the respondent/State.

2. With the consent of the learned advocates for the respective parties, the petition is taken up for final hearing today.

3. In this petition, under Article 226 of the Constitution of India, the petitioners have prayed for a direction to the respondent to grant the benefits of higher grade pay scale as per the GR dated 1.3.1993.

4. Mr. Asthavadi, learned counsel for the petitioners would draw the attention of the Court to the Oral Judgment dated 9.8.2016 passed in SCA No. 7071 of 1997 and allied matters of the Division Bench of this Court and submit that the petitioners of those petitions had approached this Court who were also like the present petitioners retired Agricultural Assistants and Agricultural Supervisors. They had approached the Court for granting the benefit of the Resolution dated 1.3.1993. Relevant paragraphs of the judgment dated 9.8.2016 are reproduced hereunder:

“7.00. Heard the learned advocates appearing on behalf of the respective parties at length.

7.01. At the outset, it is required to be noted that by way of this petition under Article 226 of the Constitution of India, the respective petitioners who are retired as Agricultural Assistants/Agricultural Professors have, as such, prayed higher grade scale on completion of 9/18/27 years of service as per Government Resolution dated 1.3.1993. It is required to be noted that the respective petitioners are not claiming higher grade scale as per Government Resolution dated 5.7.1991. Under the circumstances, as such the conditions stipulated in the Government Resolution dated 5.7.1991 shall not be applicable when the claim of the respective petitioners for higher pay grade was not pursuant to the Government Resolution dated 5.7.1991 but it was under Government Resolution dated 1.3.1993.

7.02. It is required to be noted that Government Resolution dated 1.3.1993 under which the respective petitioners are claiming benefits of higher pay scale, has been issued with respect to the particular department and particular post and was issued in the peculiar facts and circumstances and having noticed that in view of the decision taken by the Government to fill up 100% posts of Agricultural Officer, Class-II by direct recruitment, the employees like the petitioners - Agricultural Assistants/Agricultural Supervisors may not get promotion and therefore, a special higher grade scale has been fixed. It is required to be noted and it is not in dispute that the higher grade scale provided in the Government Resolution dated 1.3.1993 and the higher grade scale of the next promotional post i.e. Agricultural Assistants/Agricultural Supervisors is altogether different. It is required to be noted that in the Government Resolution dated 1.3.1993, of which the respective petitioners are claiming benefits of higher grade scale, no such conditions have been mentioned which are there in the Government Resolution dated 5.7.1991. Under the circumstances, to deny the benefits of higher grade scale as per Government Resolution dated 1.3.1993 relying upon the conditions stipulated in Government Resolution dated 5.7.1991 would be illegal and arbitrary and as such contrary to the object and purpose of issuing Government Resolution dated 1.3.1993. It is required to be noted that even Government Resolution dated 1.3.19