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.

JUDGMENT :

(Vaibhavi D. Nanavati, J.)

1. Since issue involved in all the captioned petitions is selfsame, are heard analogously and are being disposed of by this common order. For the sake of convenience, Special Civil Application No.13916 of 2015 is treated as the lead matter.

1.1 The petitioners in the Special Civil Application No.13916 of 2015 have prayed for the following reliefs:

“23. The petitioners, therefore, humbly pray that this Hon’ble Court be pleased to –

A) admit this petition;

B) issue appropriate writ, order or direction and be pleased to quash and set aside the illegal, illogical, discriminatory and arbitrary action of the concerned respondent authorities of subjecting the Members of the petitioner no.1 Association – Gram Sevaks by applying the pay scale of 4500-7000 as a Higher Pay Scale (on completion of 9 years service on or after 1/1/1996) and other similarly situated Gram Sevaks (who have completed 9 years service on or before 1/1/1996) have been placed in the pay scale of 5000-8000 and therefore, the action of the respondent authorities of subjecting the category of Gram Sevaks who are placed in the pay scale of 4500-7000 may be quashed and set aside and the same may be declared as illegal, illogical, arbitrary, discriminatory, violative of Article -14 and 16 of the Constitution of India;

C) issue appropriate writ, order or direction and be pleased to direct the respondent authorities to apply the Scale/Higher Pay Scale of 5000- 8000 to the Gram Servaks – Members of the petitioner no.1 Association who have completed 9 years services on or after 1/1/1996 and the respondents be directed to apply the aforesaid correct pay scale of 5000- 8000 and the same may be made applicable to all the Gram Sevaks who have completed 9 years of service on or after 1/1/1996 and difference of salary/difference of pay scale and other consequential benefits be ordered to be paid with 12% interest, and the pay scale of 5000-8000 may be ordered to be made applicable from the date of completion of 9 years services in the cadre of Gram Sevaks after 1/1/1996 and all consequential benefits be ordered to be paid with 12% interest;

D) issue appropriate writ, order or direction and be pleased to quash and set aside the G.R. dated 7/12/2013 as the same is illegal, illogical, violative of Article-14 and 16 of the Constitution of India and violative of Gujarat Civil Services (Revision of Pay) Rules, 1998 and be pleased to direct the Government Authorities to modify the same to the extent that the same provides incorrect Higher Pay Scale i.e. pay scale of 4500-7000 and the same may be ordered to be modified and the Government Authorities be directed to prescribe the correct Higher Pay Scale of 5000- 8000 against the pay scale of 4000-6000 and to the aforesaid extent only the said G.R. dated 7/12/2013 may be ordered to be quashed and set aside;

E) issue appropriate writ, order or direction and be pleased to quash and set aside the communication dated 5/1/2015 as the same is non-speaking communication/order issued by respondent authorities upon the representation dated 10/12/2013, and the respondents be directed to reconsider the representation dated 10/12/2013 and the respondent authorities be directed to take appropriate decision upon the representation dated 10/12/2013 after giving reasonable opportunity of hearing to the Office Bearers of the petitioner no.1 association and the respondents be directed to reconsider the said representation as expeditiously as possible in the interest of justice and the respondents be directed to pass detailed reasoned order after hearing the concerned office bearers/gram sevaks;

F) issue appropriate writ, order or direction and be pleased to quash and set aside the G.R. dated 14/8/1998 as the same is violative of Article- 14 and 16 of the Constitution of India and violative of Gujarat Civil Services (Revision of Pay) Rules, 1998;

ALTERNATIVELY

G) issue appropriate writ order or direction and be pleased to