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VAIBHAVI D. NANAVATI
Bharatbhai Ravjibhai Patel – Appellant
Versus
State Of Gujarat – Respondent
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. C
The court established that pay discrepancies between senior and junior employees must be rectified to ensure equitable compensation as per the applicable rules.
The judgment established that pay disparities between promotees and direct recruits violate principles of equal pay, necessitating corrective measures under applicable pay revision rules.
The principle of stepping up pay must be applied when seniors in the same cadre are receiving lower salaries than their juniors, ensuring equitable pay that adheres to constitutional mandates.
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.
Point of Law - Supreme Court has directed that the recovery from the employees belonging to the Class-III and IV service is “impermissible in law” and also if the same is effected after a period of f....
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.
The main legal point established in the judgment is the entitlement of the higher pay scale of Rs.2000-3500 for the petitioners based on completion of 9 years of service and the promotional post of C....
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