IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 1018 of 2022 With R/SPECIAL CIVIL APPLICATION NO. 8375 of 2022 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA ==========================================================

Approved for Reporting Yes No ==========================================================

NARESH K. SOLANKI S/O KARSANBHAI SOLANKI & ORS.

Versus UNION OF INDIA & ORS.

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Appearance:

MR RAMNANDAN SINGH(1126) for the Petitioner(s) No. 1,2,3 MR SHUSHIL R SHUKLA(5603) for the Respondent(s) No. 1,2,3,4,5,6 ========================================================== CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 06/02/2026

ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE L. S. PIRZADA)

1. Heard learned advocate Mr.Ramnandan Singh appearing for the respective petitioners and learned advocate Mr.Shushil R. Shukla appearing for the respondents.

2. As both the petitions are arising out of the common impugned Judgment and Order passed by the learned Tribunal, they are being decided and disposed of by this common order.

3. By these petitions preferred under Article 226 of the Constitution of India, the petitioners of the respective petitions have challenged the Order dated 06.08.2021 passed by the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad (for short, the “Tribunal”) in Original Application No.121 of 2021, partly allowing the application by directing the respondents – Department to fix up the pay of the petitioners afresh, after taking into account the last pay drawn by them immediately before the date of their regularization, so as to protect their last pay drawn immediately before their regularization. By the said order, the learned Tribunal declined the other benefits such as seniority from earlier date and service benefits from retrospective dates as sought by them in the said application.

4. Factual matrix of the case are that the petitioners of Special Civil Application No.1018 of 2022 were appointed on contract basis against sanctioned posts of Lower Division Clerk in the years 1996 and 1999 in the regular pay-scale with admissible Dearness and other allowances, subject to the conditions laid down in the Rules and orders governing the grant of such allowances form time to time. As per the terms of the appointment order, the petitioners were given the salary and other allowances. The petitioners were allowed increments on regular basis and deductions were also made from their salary towards G.P.F. and other contributions and thus, the petitioners were not treated as freshers.

4.1. Thereafter, upon implementation of the report of the 6^th Central Pay Commission, the Ministry of Statistics and Programme Implementation approved the grant of revised pay-scales to the employees appointed in the pay-scale with effect from 01.01.2006 with arrears vide its order dated 24.02.2009. Since the petitioners were working in the regular cadre with regular pay-scale and the only difference was of nomenclature attached to them i.e. contractual employees and when the other similarly situated employees of the Bangalore office were ordered to be regularised by the learned Tribunal, the petitioners, after exhausting departmental remedies, approached the learned Tribunal by way of filing Original Applications, seeking regularisation of their services. The said Original Applications were disposed of in terms of decision of the learned Tribunal, Bangalore Bench rendered in Original Application No.339 of 2011 on 01.04.2013, which was upheld by the Hon'ble High Court of Karnataka vide order dated 22.04.2014 in Writ Petition No.57381 of 2013 and Writ Petition Nos.8010-8035 of 2014. All Original Applications being Original Application Nos.447 of 2013, 1 of 2014, 6 of 2014 and 9 of 2014 filed by the petitioners were allowed in terms of the decision taken by the learn