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NEUTRAL CITATION

C/SCA/17663/2019 JUDGMENT DATED: 24/03/2026

0.06798198549666612

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 17663 of 2019

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J. SHELAT

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Approved for Reporting Yes No ✓

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PITHABHAI ARJANBHAI CHOCHA Versus

EXECUTIVE ENGINEER & ORS.

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Appearance:

KHUSHBU D CHHAYA(8093) for the Petitioner(s) No. 1 MS FORUM BIMAL SUKHADWALA, ASSISTANT GOVERNMENT PLEADER

for the Respondent(s) No. 1,2,3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J. SHELAT

Date : 24/03/2026

JUDGMENT

1. Heard Ms. Khushbu D. Chhaya, learned Advocate for the

petitioner and Ms. Forum Bimal Sukhadwala, learned

Assistant Government Pleader for the respondents.

2. RULE returnable forthwith. Ms. Forum Bimal Sukhadwala,

learned Assistant Government Pleader, waives service of notice

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NEUTRAL CITATION

C/SCA/17663/2019 JUDGMENT DATED: 24/03/2026

0.06798198549666612

of Rule on behalf of the respondents.

3. The present writ petition is filed under Article 226 of the

Constitution of India, seeking the following reliefs:

“a. This Hon'ble court may kindly be pleased to issue a writ of certiorari, mandamus, prohibition or any other writ or order

and be further pleased to

b. Pass an order to set-a-side the order passed by the respondent putting the petitioner under lower grade and to

continue the higher grade as granted in 2011.

c. Any other relief as arising out of the service condition after the age of retirement.”

4. SUBMISSIONS OF THE PETITIONER:

4.1. Ms. Chhaya, learned Advocate for the petitioner, would submit

that the petitioner was retired as a Junior Clerk on 31.05.2018 from the service of the respondent and before his retirement, he was granted benefit of first higher pay scale, which was subsequently withdrawn by the respondent vide its communication dated 27.02.2019 on the ground that the petitioner was unable to clear the departmental examination to avail such benefit. It is submitted that during the service tenure

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NEUTRAL CITATION

C/SCA/17663/2019 JUDGMENT DATED: 24/03/2026

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of the petitioner, he had attempted twice to clear the examination between 2011 and 2014, but was unable to clear it, and the last attempt was available to him to clear the examination, but until his retirement, the respondent had not

conducted any departmental examination.

4.2. Ms. Chhaya, learned Advocate, would further submit that due

to inaction on the part of the respondent in not conducting the examination prior until the date of retirement of the petitioner, no fault can be found with the petitioner, and as such, the respondent could not have withdrawn the benefit of first higher

pay scale.

4.3. To buttress her arguments, Ms. Chhaya, learned Advocate,

would rely upon the following decisions:

(i) Hussainbhai Jusabbhai Hala V/s. State of Gujarat, reported in

2025 LawSuit(Guj) 986;

(ii) Kamleshbhai Hemantbhai Joshi V/s. State of Gujarat, reported

in 2024 LawSuit(Guj) 2821 : 2025 (2) GLR 1044.

4.4. Making the above submissions, Ms. Chhaya, learned

Advocate, would request this Court to allow the present writ

petition. Page 3 of 11

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NEUTRAL CITATION

C/SCA/17663/2019 JUDGMENT DATED: 24/03/2026

0.06798198549666612

5. SUBMISSIONS OF THE RESPONDENTS:

5.1. Per contra, Ms. Sukhadwala, learned AGP, would submit that

it is undisputed that during the service tenure, the petitioner was unable to clear the departmental