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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 17531 of 2005 With R/SPECIAL CIVIL APPLICATION NO. 23923 of 2005 FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.Y. KOGJE Sd/-
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| 1 | Whether Reporters of Local Papers may be allowed to see the judgment ? | NO |
| 2 | To be referred to the Reporter or not ? | NO |
| 3 | Whether their Lordships wish to see the fair copy of the judgment ? | NO |
| 4 | Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ? | NO |
A.B.PATEL & 63 other(s)
Versus STATE OF GUJARAT & 3 other(s)
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Appearance:
DECEASED LITIGANT for the Petitioner(s) No. 14,46,47,51,6,63 MS MEGHA JANI(1028) for the Petitioner(s) No.
1,10,11,12,13,14.1,14.2,14.3,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29 ,3,30,31,32,33,34,35,36,37,38,39,4,40,41,42,43,44,45,46.1,46.2,46.3,47.1,47. 2,48,49,5,50,51.1,51.2,51.3,52,53,54,55,56,57,58,59,60,61,6.1,62,6.2,63.1,63 .2,64,7,8,9 MR ROHAN SHAH, AGP for the Respondent(s) No. 1 MR DG CHAUHAN(218) for the Respondent(s) No. 2,3,4 ==========================================================
CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE Date : 05/09/2022
ORAL JUDGMENT
1. These two petitions are arising out of similar facts and raising identical issues and hence, with the consent of the learned advocates for the parties, these petitions are kept for joint hearing and disposal. The facts are recorded from lead matter i.e. Special Civil Application No.17531 of 2005.
2. This petition under Article 226 of the Constitution of India is filed with following prayer(s):-
“9(A)That this Hon’ble Court may be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction (i) quashing and setting aside the order dated 03.08.2005 passed by the Deputy Secretary, Narmada Water Resources and Water Supply Department at Annexure-P to this petition.
(ii) quashing and setting aside the order dated 06.09.1999 passed by the Deputy Secretary, Narmada Water Resources and Water Supply Department at Annexure-J to this petition.
(iii) quashing and setting aside the order dated 12.04.2002 passed by the Deputy Secretary, Narmada Water Resources and Water Supply Department at Annexure-M to this petition.
(iv) declaring that the petitioners are entitled to the pay scale of Rs.2000 – 3200 w.e.f. 01.01.1986 and have been validly given the same.
(v) commanding the respondents not to effect any recovery from the petitioners for the amount being the difference of salary paid on the basis of the pay-scale of Rs.2000-3200 and Rs.1640-2900 from 01.01.1986.
(vi) commanding the respondents to sanction pay-scale of Rs.6500-10500 to the petitioners w.e.f. 01.01.1996 and pay arrears of salary on the basis of the aforesaid pay scale with interest.
(B) … (C) …. (D) …
(E) … ”
3. Essentially, the petitioners are seeking declaration that the petitioners, who are Junior Geologists in Gujarat Water Resources Development Corporation Ltd. have been given a proper pay-scale of Rs.2000/- - 3200/- with effect from 01.01.1986 and are claiming pay-scale of Rs.6500/- -10,500/-
with effect from 01.01.1996.
4. It is submitted that the duties of the petitioners, as Junior Geologists in the respondent-corporation is very much identical to the Junior Geologists of Narmada Water Resource and Water Supply Department, and therefore, the petitioners have always been at par in the pay-scale with the Junior Geologists of Narmada Water Resource and Water Supply Department of the State Government.
5. It is submitted that, the fact that the petitioners have been treated at par with the State Department is evident from the fact that the petitioners have also been given the benefits as per the Gujarat State Service (Revision of Pay Rules), which are the rules which are exclusively applicable to the employees of the State Government, and therefore, the respondent-corporation being a government undertaking, the same scale, as would apply to the State Employees would apply to the petitioners.
6. Learned advocate for the petitioners argued that the pay- scale of the Junior Geologists were revised with effect from
01.01.1986 on the basis of 4th Pay-Commission and the proposal was sent by the Corporation in the Year-1987 to the Department of Irrigation to forward such proposal to the Finance Department. Accordingly, the Corporation was informed by letter dated 15.09.1987 by the Narmada Water Resource and Water Supply Department that the 4th Pay Commission recommendations has been sanctioned by the Finance Department for all the employees of the Corporation with certain modifications, and therefore, the pay-scale of the Junior Geologists, which was Rs.550/- - 900/- was revised to Rs.1640/- - 2900/-. It is submitted that the same revision will applicable across the State for the particular post. Not only that, but the same revision was also made applicable to other posts like the post of Assistant Engineer in the Irrigation Department and Assistant Engineer in other Corporations, boards and public undertaking.
7. It is argued that the post of Assistant Engineer is equivalent to the post of Junior Geologists, and therefo
