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A. S. SUPEHIA, MAUNA M. BHATT
STATE OF GUJARAT – Appellant
Versus
D. S. PATEL – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. The present Letters Patent Appeal filed under Clause 15 of the Letters Patent, 1865, is directed against the judgment and order dated 29.03.2017 passed by the learned Single Judge, allowing the captioned writ petition.
BRIEF FACTS:
2. Since the original petitioner (deceased employee) has passed away, his legal heirs are representing the present appeal. The respondent-deceased employee was appointed as an Assistant Librarian on 27.12.1972. He was holding the qualification of SSC pass. He was appointed in the Government Medical College, Surat under the Health and Family Welfare Department. Thereafter, he was promoted to the post of Librarian and was also granted Higher Pay-Scale.
3. It is the case of the appellant state, that there are two levels of higher pay-scales, one at the level of Gujarat State i.e. SSC pass, whose pay-scale was Rs.1640-2900/- and in case, the candidate is UGC Graduate or Diploma, his pay-scale would be Rs.2200-4000/-. It appears that through an oversight, the respondent-deceased employee was given the pay-scale of Rs.2200-4000/- instead of Rs.1640-2900/-. The respondent- deceased employee was conferred the said pay-scale of Rs.2200-4
The court established that due process must be followed in altering pay-scales, particularly regarding recovery of payments made in error, emphasizing employee rights post-retirement.
An employee is entitled to a second higher pay-scale after 15 years of service if they remain stagnated in the same pay-scale despite receiving promotions.
Employees are entitled to a higher pay scale after 15 years of service based on government resolutions, irrespective of specific qualifications.
The court affirmed that statutory rules regarding pay scales prevail over administrative resolutions, entitling Gram Sevaks to a higher pay scale of 5000-8000 after 9 years of service.
The court upheld the re-fixation of pay and set aside the recovery of excess payments, affirming the validity of the Government Resolution affecting pay-scales.
The court affirmed that the pay scale adjustments for employees based on completion of service are lawful and maintain distinctions made by prior government resolutions.
Recovery of excess payment from employees must adhere to principles of natural justice and cannot be made after an unreasonable delay, especially for Class-3 employees.
The main legal point established in the judgment is the illegality of reducing the petitioner's pay-scale without adhering to principles of natural justice, and the emphasis on equal treatment of emp....
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