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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
PRANAV TRIVEDI, J.
Bhikhubhai Balubhai Sidhpuria – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
(PRANAV TRIVEDI, J.)
1. Heard Mr. Rishabh Acharya, learned advocate on behalf of Ms. Harshal Pandya, learned advocate for the petitioner as well as Ms. Dharitri Pancholi, learned Assistant Government Pleader for the respondent State.
2. The prayers made in the writ petition are as under :
“6. The petitioner respectfully prays that, on the basis of the facts and circumstances as mentioned hereinabove and which may be urged at the time of hearing, the Honourable Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction to the respondent authorities and may be pleased to :-
(A) direct the respondent authorities to grant second higher grade scale of Rs. 8000-14050 to the petitioner from his due date with all consequential benefits including arrears and consequential fixation of pay and pension, and
(B) further be pleased to direct the respondent Board to pay interest on the delayed payment on amount flowing from prayer clause, at the rate which the Honourable Court may consider as just and proper in the facts and circumstances of the case, and
(C) award the cost of this petition, and
(D) pending admission and final disposal of this petition the
An employee is entitled to a second higher grade pay-scale after 15 years of service from the first higher grade pay-scale, irrespective of the number of promotions received.
An employee is entitled to a second higher pay-scale after 15 years of service if they remain stagnated in the same pay-scale despite receiving promotions.
Entitlement to second higher grade scale must be granted upon completing 15 years of service from first higher grade, regardless of prior promotions or delay in claim.
The court directed the reconsideration of the petitioner's eligibility for the second higher pay scale based on applicable government resolutions, emphasizing the need for a fresh decision within eig....
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.
Article 229 of the Constitution of India and the employees and staff members of the District Courts are governed by different rules. In the wake of above, they are entitled to higher grade pay-scale.
Completion of service in the respective cadre is essential for entitlement to higher grade pay scales as per the Government Resolution.
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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