BHARATKUMAR SHANTILAL THAKKAR versus STATE OF GUJARAT & ANOTHER

BHARATKUMAR SHANTILAL THAKKAR versus STATE OF GUJARAT & ANOTHER

The expression 'on or after 1.11.1999' in para 2 of the Resolution dated 14.6.2012 is irrational and arbitrary; it should be read as 'on or before 1.11.1999' so that all judicial officers possessing higher legal qualifications at the time of joining are eligible for three advance increments, as per the approved recommendations of the 1st National Judicial Pay Commission.

Parties
Petitioner: Bharatkumar Shantilal Thakkar; Respondent: State of Gujarat; Respondent: Another
Jurisdiction
India
Judgment Date
01 April 2014
Procedural Posture
Writ Petition (civil) No. 19 of 2012 Under Article 32 of the Constitution of India / Final Judgment
Outcome
Writ Petition allowed
Legal Topics
Subordinate Judiciary, Advance Increments, Higher Qualification in Law, Cut Off Date, National Judicial Pay Commission, Gujarat State Judicial Services Rules, 2005
Service Law Judicial Service Subordinate Judiciary Advance Increments Higher Qualification in Law Cut Off Date National Judicial Pay Commission Gujarat State Judicial Services Rules, 2005

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Parties

Bharatkumar Shantilal Thakkar

Petitioner

State of Gujarat

Respondent

Another

Respondent

Procedural Posture

Writ Petition (civil) No. 19 of 2012 Under Article 32 of the Constitution of India / Final Judgment

Legal Issues

  1. 1 Whether the cut-off date (1.11.1999) prescribed in para 2 of the Resolution dated 14.6.2012 for grant of three advance increments to Judicial Officers possessing higher qualifications in law is arbitrary and irrational
  2. 2 Whether the expression 'on or after 1.11.1999' should be read as 'on or before 1.11.1999'

Ratio Decidendi

The expression 'on or after 1.11.1999' in para 2 of the Resolution dated 14.6.2012 is irrational and arbitrary; it should be read as 'on or before 1.11.1999' so that all judicial officers possessing higher legal qualifications at the time of joining are eligible for three advance increments, as per the approved recommendations of the 1st National Judicial Pay Commission.

Court Disposition

Writ Petition allowed

Orders

  • The expression 'on or after 1.11.1999' in para 2 of the Resolution dated 14.6.2012 shall be read as 'on or before 1.11.1999'.
  • All financial benefits as per this order shall be paid to the petitioner as early as possible and in no case later than two months from receipt of a copy of this order.