The court held that where a claim for a higher pay scale depends on clearing a departmental exam and there is a dispute regarding whether the State provided sufficient opportunities to appear for such exams, the authority must decide the representation via a speaking order.

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J.SHELAT

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Approved for Reporting Yes No

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COMMON JUDGMENT

1. Heard Mrs. Nisha M. Parikh, learned advocate for the petitioners, respective learned AGP for the respondent Nos. 1, 2 and Mr. Kaash K. Thakkar, learned advocate for the respondent Nos. 3 and 4.

2. Rule returnable forthwith. Mr. Siddarth Rami, Ms. Nidhi Vyas, Ms. Forum Sukhadwala, Ms. Forum Shah, and Ms. Dhruti Pandya, learned AGP waives service of rule on behalf of the respondent Nos. 1, 2 and Mr. Kaash K. Thakkar, learned advocate waives service of rule on behalf of the respondent Nos. 3 and 4 in respective writ petitions.

3. With consent of learned advocates for the respective parties, the matters were taken up for hearing.

SHORT FACTS:

4. The issue germane to the matters is regarding non-grant of benefit of second higher pay scale to the petitioners. It is the case of the petitioners that they were granted the benefit of second higher pay scale in the year 2012 and the same was wrongly withdrawn by respondent in the year 2014. The reason of withdrawing the second higher pay scale benefit was that at the relevant point of time, petitioners have not cleared CCC examination.

4.1. Nonetheless, there was a change in the policy of the Government, whereby vide notification dated 22.05.2015, the Gujarat Civil Services Computer Competency Training and Examination Rules, 2006 is amended. As per the amendment of said rules, the employees who are aged more than 50 years exempted to clear the CCC examination. The State issued resolution dated 20.06.2015 informing all the departments of the State to give benefit of exemption to the respective employees who are aged more than 50 years. Because of the amendment in the said rules/resolution, the petitioners were entitled to receive the second higher pay scale and accordingly, their cases were sent by respondent Nos. 3 and 4 to higher authority of the State in the year 2018.

4.2. In the meantime, there was also introduction of departmental examination to get promotion from the post of Gram Sevak to Circle Inspector came into effect from 30.12.2014 due to amendment in the Extension Officer, Class III (Panchayat)/Taluka Panchayat Officer, Departmental Examination Rules, 2009.

4.3. Since all the petitioners were serving as Gram Sevak, required to clear the departmental examination to receive the benefits of the second higher pay scale. It appears that they had appeared in the examinations but unable to clear the departmental examinations before their respective date of retirement. Thus, in view of none clearing the said examination, as per the policy of the State, the respondents have not released the benefit of the second higher pay scale in their favour.

SUBMISSIONS OF THE PETITIONERS:

5. Mrs. Nisha Parikh, learned advocate for the petitioners would submit that the petitioners have submitted a detailed representation on 06.08.2018 with the respondent authority to reconsider its decision in regard to not granting benefit of the second higher pay scale.

5.1. It is submitted that there was no fair opportunity given to the petitioners to appear in the departmental examination, inasmuch as the departmental examinations were not conducted twice a year as per the Gujarat