IMPORTANT POINT
The court emphasized the principle of parity in treatment for similarly situated individuals, directing the authorities to grant benefits under government resolutions.

JUDGMENT :

(NIRZAR S. DESAI, J.)

1. Heard learned advocate Mr. Mehul Sharma for learned advocate Mr. Vyom Shah for the petitioner and learned AGP Ms. Nirali Sarda for the respondent – State.

2. With the consent of the parties, the matter was taken up finally. Hence, RULE returnable;e forthwith. Learned AGP Ms. Nirali Sarda waives service of notice of rule for and on behalf of the respondent – State.

3. By way of this petition, the petitioner has prayed for a direction to the respondent authorities to fix pay of the petitioner who has completed five years in the selection grade on 01.01.1996 at the stage of Rs. 14,940/- in the pay scale of Rs. 12,000/- – 18,300/- in accordance with Government Resolution dated 08.02.2008 issued by the Education Department and further prayed for granting the revised Selection Grade of Rs. 37,000/- – 67,000/- with Academic Grade Pay of Rs. 9000/- with effect from 01.01.2006 as per the Government Resolution issued by the Education Department dated 04.12.2009 with all the consequential benefits including arrears of pay and allowances and revision of pensionary benefits and other retirement benefits of the petitioner who has already retired and therefore, to pay the arrears of pensionary benefits flowing from such directions with interest.

4. The brief facts of the case as canvassed by learned Senior Advocate Mr. G. M. Joshi assisted by learned advocate Mr. Mehul Sharma are as under:-

4.1. That the petitioner was appointed in service on 15.07.1972 and retired on 31.03.2007 after serving for 35 years as Librarian at Nursing College, Civil Hospital College and B. J. Medical College.

4.2. It is case of the petitioner that the college in which she was working was affiliated to B. J. Medical College in the State of Gujarat. It is case of the petitioner that pursuant to the recommendation of the UGC, the Education Department of the State revised the pay scale of Librarians working under Colleges/Universities in the State of Gujarat on completion of 8 years of their service and thereafter on completion of 16 years of service. The petitioner being Medical Librarians were also granted such benefits and selection grade w.e.f. 01.01.1996. Thereafter, the Education Department under Government Resolution dated 08.02.2008 provided that the Librarians working under Colleges/Universities of the State Government are entitled to the pay scale of Rs. 10000-15200 and senior scale of Rs.12000-18000 towards the selection grade at 6 and 11 years instead of 8 and 16 years and the Librarians who have completed 5 years are eligible for selection grade w.e.f 01.01.1996. It was also provided that their pay should be fixed at Rs.14,940/- in the pay scale of Rs.12000-18000. One more resolution was passed dated 11.11.2009 giving the higher pay scale of Rs.15600-39100 from 01.01.2006 to the Librarians working with the State Government. It is the case of the petitioner that since many Librarians of Medical and Dental College were granted revised pay scale of Rs.15600-39100 w.e.f. 01.01.2006, however denied the selection grade of Rs.37000-67000 as per Schedule ‘A’ of Government Resolution dated 08.02.2008 and 04.12.2009, she preferred the petition before this Court for her non-grant of selection grade.

4.3. This Court vide order dated 19.02.2019 passed in Special Civil Application No. 7297 of 2014 in case of Rajeshri Pravin Khatri and Others V/s. State of Gujarat and Others granted the benefit under Government Resolutions dated 08.02.2008 and 04.12.2009 to the petitioners therein. It is the case of the petitioner that she is similarly situated to the petitioners of Special Civil Application No. 7297 of 2014, despite that she has been denied the said benefits. Hence, the present petition is filed.

5. It was also pointed out by learned advocate Mr. Sharma for the petitioner that thereafter one more similarly situated person namely Sureshbhai Keshurbhai Patel approached this Court seeking similar benefits by filing Special Civil Applicat