IMPORTANT POINT
The court established that pay discrepancies between senior and junior employees must be rectified to ensure equitable compensation as per the applicable rules.

ORDER :

Vaibhavi D. Nanavati, J.

1. Issue RULE, returnable forthwith. Ms. Suman Motla, learned Assistant Government Pleader waives service of Rule for and on behalf of the respondents – State.

2. Heard Mr. Sahil M. Shah, learned advocate for Mr. Rushabh R. Shah, learned advocate appearing for the petitioners and Ms. Suman Motla, learned Assistant Government Pleader appearing for the respondents- State.

3. By way of the present petition, petitioners herein have prayed for issuance of directions to the concerned respondents to revise the first higher grade pay scale granted to the petitioners, making it equivalent to the entry level of pay of the direct recruits to the post of Deputy Mamlatdar, i.e. the entry level pay of the petitioners may be revised to Rs.10,810/- in the pay band of Rs.9300-34800/- alongwith grade pay of Rs.4400/- w.e.f. the date of first grant of higher grade pay scale to the petitioners.

4.1. Briefly stated that petitioners are working as Clerk in the establishment of State of Gujarat at Vadodara. The petitioners have obtained first higher grade pay scale, which is equivalent to the entry level pay of the Deputy Mamlatdar, who have been appointed through promotion. Copy of the tabular form statement, is duly produced at Annexure-A.

4.2. it is the case of the petitioners that the entry level pay of the direct recruits as well as of the promotees to the post of Deputy Mamlatdar was the same, i.e. Rs.9300/- with the grade pay of Rs.4400/-, as per the Notification dated 27.02.2009 r/w. government resolution dated 14.10.2010. Subsequently, by government resolution dated 14.09.2011, the entry level pay of the direct recruits, in the grade pay of Rs.4400/- was revised to Rs.10,810/-.

4.3. In light of the aforesaid, the petitioners herein are constrained to approach this Court seeking the following reliefs, which reads thus:

“(A.) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the Respondents to revise the higher grade pay scale granted to the Petitioners making it equivalent to the entry level of pay of the direct recruits to the post of Deputy Mamlatdar, i.e. the entry level pay of the Petitioners may kindly be revised to Rs. 10,810/- in the pay band of Rs. 9300-34,800/- alongwith grade pay of Rs. 4400/- with effect from the date of grant of higher grade pay scale to the Petitioners, in parity with the pay of the direct recruits to the post of Deputy Mamlatdars in light of the Government resolution dated 14/09/2011;

(B.) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the Respondents to grant arrears of difference of higher grade pay scale payable to the Petitioners on removal of the aforesaid anomaly alongwith interest @ 18% per annun thereon and may further be pleased to direct the respondents to pay the periodical rise and all consequential benefits with effect from their date of entitlement;

(C.) Pending admission, hearing and final disposal of this petition Your Lordships may be pleased to direct the Respondents to revise the higher grade pay scale of the Petitioners making it equivalent to the entry level pay of the direct recruits to the post of Deputy Mamlatdar, to Rs. 10,810/- in the pay band of Rs. 9300-34,800/- alongwith grade pay of Rs. 4400/- with effect from the next month as if the anomaly between the pay of the petitioners and the direct recruits to the post of Deputy Mamlatdars were removed with effect from their date of entitlement;

(D.) Pass such other and further reliefs as may be deemed just and proper in the facts and circumstances of the present case may kindly be granted.”

5.1. Mr. Sahil M. Shah, learned advocate for Mr. Rushabh R. Shah, learned advocate appearing for the petitioners reiterates the aforesaid facts and submitted that the entry level pay of the petitioners was however not re