IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 726 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 3419 of 2010 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT APPEAL NO. 726 of 2025 ==========================================================

STATE OF GUJARAT & ANR.

Versus JAGDISHBHAI G MACWAN & ORS.

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Appearance:

MS SHRUTI DHRUVE,AGP for the Appellant(s) No. 1,2 MR RAJESH P MANKAD(2637) for the Respondent(s) No. 1,2,3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 15/12/2025

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

1.Heard learned Assistant Government Pleader Ms. Shruti Dhruvi for the appellants and learned advocate Mr. Rajesh P. Mankad for the respondents.

2.The present appeal filed under Clause 15 of the Letters Patent Act, 1856 is directed against the order dated dated 19.09.2024 passed by the learned Single Judge wherein while allowing the petition filed by the respondents original petitioners, on the basis of the material placed on record, it was held that the respondents original petitioners were regularly appointed as attendants in the Mental Hospital situated at Shahibaug road, Outside Delhi Darwaja, Ahmedabad and on completion of 9 years of service, the respondents were entitled to higher pay scale in accordance with Government Resolution dated 16.08.1994 with effect from 14.04.1994.

3.As per order dated 16.03.2004 passed in Special Civil Application No.2249 of 1994, the respondents were ordered to be considered on Class-III post with effect from 31.01.1994. The said order was implemented in the year 2009 by granting first higher pay scale as Class-III employee with effect from

2003.

4.Such action on part of the appellants doubly jeopardized the rights of the respondents, as according to the respondents, they were entitled to first higher grade pay scale considering the date of joining and not from 31.01.1994 because as per the order passed by this Court, the respondents were to be considered as Class-III employees from the date of their joining.

5.The respondents therefore, preferred Special Civil Application before this Court for removal of anomaly for getting first higher grade pay scale considering the date of joining and to get consequential benefits which was allowed by the impugned order directing the appellants to pay the difference of arrears within a period of 12 weeks from the receipt of the order, failing which, interest at the rate of 6% was also awarded.

6.Learned Assistant Government Pleader Ms.

Shurti Dhruve appearing for the appellants submitted that the learned Single Judge has failed to consider that this Court by judgment and order dated 16.03.2004 in Special Civil Application No.2249 of 1994 has clearly held that the respondents should be considered as Class-III employees with effect from 31.01.1994 and accordingly, the first higher grade pay scale was computed on the basis of the directions issued by this Court.

7.It was also submitted that even after considering the material and facts on record, the learned Single Judge has committed an error in directing the appellants to grant higher pay scale considering the date of joining of the respondents i.e. 15.04.1985, 14.04.1985, 19.04.1985 and 03.06.1985 respectively in the institute/department of the appellants instead of 31.01.1994. It was therefore, submitted that the respondents would be entitled to first higher grade pay scale in the year 2003 considering them as Class-III employees with effect from 31.01.1994 as the judgment rendered in Special Civil Application No.2249 of 1994 clearly states that class in which the respondents were to be appointed was Class- III and accordingly, the recruitment process was to be followed. However, in view of the decision of this Court, the appointment of the respondents was to be considered afresh in Class-I