IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION (FOR REVIEW) NO. 2733 of 2025 In R/LETTERS PATENT APPEAL/523/2014 In R/SPECIAL CIVIL APPLICATION/18952/2011 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR. JUSTICE PRANAV TRIVEDI =================================================

Approved for Reporting Yes No ✔

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PAY AND ACCOUNTS OFFICERS & ORS.

Versus M D PARMAR JUNIOR CLERK, GUJARAT SECONDARY EDUCATION TRIBUNAL ==================================================

Appearance:

MS NIRALI SARDA ASSISTANT GOVERNMENT PLEADER for the Applicant(s) No.

1,2,3,4 MR KB PUJARA(680) for the Opponent(s) No. 1 ==================================================

CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR. JUSTICE PRANAV TRIVEDI Date : 06/02/2026 ORAL JUDGMENT (PER : HONOURABLE MR. JUSTICE PRANAV TRIVEDI)

1. Heard learned Assistant Government Pleader Ms. Nirali Sarda appearing for the applicants and learned advocate Mr. K.B. Pujara for the opponent.

2. Rule returnable forthwith. Learned advocate Mr. K.B. Pujara waives service of notice of rule on behalf of the opponent.

3. The present application is preferred by the applicants – original respondents no. 1 to 4 in the captioned Letters Patent Appeal for seeking review of the CAV judgment dated 14.06.2024 passed in Letters Patent Appeal No. 523 of 2014.

4. The original petitioner had preferred captioned writ petition with prayers to hold and declare that the petitioner had completed 9 years of service in class-III post of Junior Clerk in the pay-scale of Rs.3050-4590 on 11.04.2000 and therefore, the original petitioner was entitled to First Higher Grade Pay-scale of Rs.4000-6000/- with effect from 11.04.2000. It was further prayed that the petitioner was also entitled to Second Higher Grade Pay-scale on completion of further nine (9) years on 11.04.2009 in the said cadre as per the Government Resolution dated 16.08.1994.

4.1. It was further prayed by the original petitioner to quash and set aside the actions/decisions/orders of the State Government dated 04.06.2005 and 03.08.2006 respectively declining to approve First Higher Grade Pay-scale of Rs.4000-6000/- to the original petitioner on completion of the nine (9) years’ in Class-III cadre of Junior Clerk on 11.04.2000. It was further prayed by the original petitioner to quash and set aside the order of State Government dated 17.02.2011 declining to grant Second Higher Grade Pay-scale to the petitioner with effect from 11.04.2009.

5. The facts leading to filing of the present application is that the opponent – original petitioner joined as a Peon in the Education Tribunal on 02.04.1975 in the pay-scale of Rs.750-940 in accordance with the higher grade pay scheme of 05.07.1991-. The petitioner was granted First Higher Pay-scale of Rs.775-1025 with effect from 01.06.1987. Subsequently, the petitioner was promoted as clerk-cum-typist on 11.04.1991 and placed in the pay-scale of Rs.950-1500/- which was converted in pay-scale of Rs.3050-4590/-. The petitioner completed nine (9) years of service as clerk- cum-typist with effect from 11.04.2000. However, the department sought clarification from the State Government as to whether the original petitioner was entitled to First Higher Grade Pay-scale on completion of nine (9) years in the cadre of Junior Clerk-cum-typist on 11.04.2000. The State Government rejected the request of the petitioner to grant First Higher Grade Pay-scale with effect from 11.04.2000 which culminated into filing of the writ petition being Special Civil Application No. 18952 of 2011. This Court vide order dated 26.02.2014 dismissed the writ petition of the original petitioner. The relevant observations made by this Court reads as under :-

“10. From the above provisions made in the Government Resolution dated 16.8.1994, it appears that the Government clearly intended to confer benefit of only 1st higher grade pay scale to an