IMPORTANT POINT
Employees are entitled to higher pay-scales from the date due, regardless of examination delays caused by administrative inaction.

ORDER

Vaibhavi D. Nanavati, J.

1. Heard Mr. S. P. Majmudar, the learned advocate appearing for the petitioners and Mr. Manraj Barot, the learned AGP appearing for the respondent No.1 – State.

2. The petitioners herein have approached this Court by invoking Article 226 of the Constitution of India being aggrieved by the impugned communication dated 4.1.2020 addressed by the respondent No.6 whereby the petitioners herein are denied the benefit of higher pay-scale from the date of which the petitioners became eligible for the said benefit on the ground that the petitioners are not party to the Special Civil Application No.18493 of 2015, hence the benefit of order dated 10.8.2016 cannot be extended to the petitioners herein.

3. The petitioner No.1 herein came to be appointed on 5.1.1993 and petitioner No.2 came to be appointed on 8.1.1993 by the office of the DILR, City Survey Superintendent on the post of Surveyor and served in Ahmedabad as well as Rajkot. The petitioners herein rendered services of more than 30 years, however the petitioners herein have been denied promotion or higher pay-scale. As per the Government Resolutions dated 16.8.1994, 2.7.2007, 14.9.2007, 12.8.2008 and 3.12.2009 the petitioners herein are required to pass LRQ Examination i.e. Land Revenue Qualifying Examination for grant of higher pay-scale. It is undisputed that the petitioners herein are eligible to appear in the LRQ Examination from the year 2001.

4. It is the case of the petitioners that the LRQ Examination was not held until 2011 and in view thereof though the petitioners were qualified for the first higher pay-scale, the petitioners were deprived of the benefit of first higher pay- scale due at the stage of 09 years of completion of service. The petitioners are erroneously granted the benefit of first higher pay-scale with effect from 29.10.2013 i.e. the date from which the petitioners herein passed LRQ Examination and not from the date on which the petitioners were eligible for the first higher pay-scale. By order dated 15.5.2017 the petitioners were granted the benefit of first higher pay-scale with effect from 29.10.2013 by order dated 9.10.2017 passed by the respondent No.7. Similarly the respondent No.7 passed the order dated 15.5.2017 whereby the petitioner No.2 was granted the benefit of first higher pay-scale.

5. The tabular details of the petitioners herein with respect to the date of joining, passing year of LRQ Examination due to first higher pay-scale and higher pay-scale granted which is duly produced at Annexure-A (page-28) which is as under :-

6. Placing reliance on the aforesaid facts, as referred above, Mr. S. P. Majmudar, the learned advocate appearing for the petitioners placed reliance on the ratio as laid down by the Hon’ble Supreme Court in the case of K. K. Gohil vs. State of Gujarat, reported in (2015) 9 SCC 652, which has been followed in the Special Civil Application No.18493 of 2015, wherein in the said petition, identically placed petitioners have been granted the benefit of first higher pay-scale from the date on which such benefit became due to them instead of the date on which they cleared the LRQ Examination.

6.1 Placing reliance on the same Mr. Majmudar, the learned advocate submitted that the petitioners are identically placed and be extended the same benefit of first higher pay-scale on completion of 09 years of service.

7. Mr. Manraj Barot, the l