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2025 DAILYLAW 4780 (GUJ)

ASSOCIATION OF OVERSEERS v. STATE OF GUJARAT

SCA/8292/2017 · 2025-07-16

N S Sanjay Gowda

body2025

Judgment text

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C/SCA/8292/2017 ORDER DATED: 16/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 8292 of 2017 ========================================================== ASSOCIATION OF OVERSEERS Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR TR MISHRA(483) for the Petitioner(s) No. 1 MS DEVANSHIBA RANA, AGP for the Respondent(s) No. 1,2,3 RULE SERVED for the Respondent(s) No. 1,2,3 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 16/07/2025 ORAL ORDER 1. The prayer in this writ petition is for quashing and setting aside the order dated 16.3.2016 and 19.9.2016 whereby the claim of the petitioner Association to revise the pay scale of the Overseers on par with the pay scale of Additional Assistant Engineer with effect from 1.1.1986 has been refused. 2. In my view, the petition at the behest of the Association cannot be entertained, especially when the claim is to an individual’s benefits. 3. It is the settled law that in Service Jurisprudence, the right of employee to claim benefit is distinct and individual and cannot be espoused by an Association. Therefore, without going into the merits of the claim, the writ petition is DISMISSED. Rule is discharged. 4. Liberty is, however, reserved to the aggrieved, if they so desire to challenge the refusal of the authorities in revising their pay scale. (NSSG,J) OMKAR Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: OMKAR CHHAGANLAL MAHAWAR(HC00201), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/07/2025 17:22:54