State of Gujarat vs Sunilkumar Popatbhai Patel

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Guj) 950

HIGH COURT OF GUJARAT
HONOURABLE MR. JUSTICE A.S. SUPEHIA, HONOURABLE MS. JUSTICE NISHA M. THAKORE, JJ
State of Gujarat – Appellant
Versus
Sunilkumar Popatbhai Patel – Respondent

Advocate Appeared:
Petitioner Advocates: GOVERNMENT PLEADER(1)
Respondent Advocate: MR GAURAV CHUDASAMA(5660)

JUDGMENT :

(A.S. SUPEHIA, J.)

1. Admit. Mr. Gaurav Chudasama, learned advocate waives service of admission on behalf of the respondents.

2. The present appeal filed under clause 15 of the Letters Patent, 1865 is directed against the judgment dated 22^nd July 2022 passed by the learned Single Judge directing the appellant - State to operate the seniority of the respondents employees from the initial date of appointment post the period of five years in light of the Government Resolution dated 18th January, 2017 and 20^th January, 2018.

BRIEF FACTS

2.1 All the respondent-employees(original writ petitioners) are appointed as Revenue Talati and Revenue Clerks in the year 2009-10 on fixed pay for a period of five years under the respondent-Revenue Department as per the policy of fixed pay of the State Government. The State Government introduced the policy of appointing the Government employees on a fixed pay initially by the resolution issued by the Finance Department on 16^th February, 2006. Thereafter another Resolution was issued on 22^nd January, 2009 by the General Administration Department (GAD) regulating the period of five years of fixed pay of such employees. The appointment orders of th