MAHESHKUMAR CHANDULAL PATEL & ANR. versus THE STATE OF GUJARAT & ORS.

Parties

Procedural Posture

Civil Appeal / Appeal

Legal Issues

1. 1 Whether Rule 21 of the Gujarat Civil Services (Pay) Rules, 2002 (stepping up of pay on basis of pay of junior) is applicable where juniors were granted Senior Scale/Selection Grade by counting previous ad hoc service
2. 2 Whether an anomaly required to be remedied under Rule 21 must be the direct result of application of that rule and is excluded where junior's higher pay arises from counting of ad hoc service or fixation/advance increments

Ratio Decidendi

Rule 21 of the Gujarat Civil Services (Pay) Rules, 2002 is inapplicable because the pay anomaly in this case was not the direct result of application of that rule; the juniors drew higher pay by virtue of counting their earlier ad hoc services for Senior Scale/Selection Grade, and therefore the seniors are not entitled to stepping up; allowing stepping up would unjustly award benefits for years the seniors did not serve; appeals dismissed.

Court Disposition

Appeal dismissed.

Orders

• The present appeals are dismissed.
• Pending applications (if any) are disposed of.