IMPORTANT POINT
The judgment established that pay disparities between promotees and direct recruits violate principles of equal pay, necessitating corrective measures under applicable pay revision 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 entry level pay of the petitioners by stepping up of the pay, so as to make the same to the entry level pay of the direct recruits.

4.1. Briefly stated that petitioners were working as Deputy Mamlatdars in the establishment of State of Gujarat at Vadodara. 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.

4.2. It is the case of the petitioners that, 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/-. At the same time, the entry level pay of the promotees remained at Rs.9300/-. Accordingly, there is an apparent anomaly created between the entry level pay of the employees, who were promoted to the post of Deputy Mamlatdars, as against, those who were directly recruited to the said post, without there being any reasonable classification for the same.

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 certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction, quashing and setting aside the Government Resolution No. PGR/ 102010/64/Pay Cell (M) dated 14.09.2011 issued by the Finance Department, Government of Gujarat to the extent that it is not applicable to the employees who have been appointed by way of promotion (at Annexure A);

Or in the alternative

(B) Your Lordships may be pleased to read down the Government Resolution dated 14/09/2011 as if it is providing for the entry level pay of Rs. 10810/- for the promotees such as the present petitioners with effect from the date of their entitlement, as has been provided for the fresh recruits appointed on or after 01/01/2006 and be further pleased to direct the respondents to act accordingly in so far as the petitioners are concerned;

(C) 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 step up the entry level of pay of the Petitioners 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 promotion of the Petitioners to the post of Deputy Mamlatdars, in parity with the pay of the direct recruits in light of the Government resolution dated 14/09/2011;

D) 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 salary payable to the petitioners on removal of the anomaly alongwith interest @ 18 % per annum 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;

(E) Pending admission, hearing and final disposal of this petition Your Lordships may be pleased to direct the Respondents to step up the pay of the Petitioners 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 their juniors were r