C/SCA/20583/2016 ORDER DATED: 04/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 20583 of 2016 ========================================================== ASHWIN PRABHUDAS GHUSANI Versus JUNAGADH MUNICIPALITY & ORS. ========================================================== Appearance: HCLS COMMITTEE(4998) for the Petitioner(s) No. 1 MS G R VIJAYALAKSHMI(5047) for the Petitioner(s) No. 1 MS KRISHNA D DESAI, AGP for the Respondent(s) No. 2,3,4 MR HS MUNSHAW(495) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 04/07/2025 ORAL ORDER 1. The prayer in this writ petition is to direct the respondents to pay interest @ 12% on delayed payment of higher pay scale for the period from 1.1.2009 to 22.9.2014. 2. It is the case of the petitioner that he had attained the age of superannuation in 2009 and the benefit of higher pay scale was only paid in the year 2014 and thus, he was entitled for interest on this period of 6 years. 3. A reply has been filed by the Corporation in which it was stated that different Government Resolutions are passed regarding fixation of pay scales on the basis of completion of number of years service that the employee had rendered and ultimately on 28.5.2010, the Standing Committee of the Corporation had resolved to implement the Government Resolution and it is only thereafter the difference of Rs.33,642/- C/SCA/20583/2016 ORDER DATED: 04/07/2025 was paid to the petitioner on 13.5.2014. 4. A reading of the reply would indicate that the decision to extend the higher pay scale was taken by the Corporation only in the year 2010 and within a period of four years, amount of Rs.33,642/- has been paid. 5. In my view, for this period of four years, the claim of the petitioner for payment of interest is untenable having regard to the fact that the Corporation has passed a resolution to extend the benefit of pay scale after the petitioner retired and the amount was also paid to the petitioner. Having regard to the amount of arrears and the period of four years only having been consumed for payment of the said amount, there is no justification for awarding interest. Therefore, the petition is DISMISSED. Rule is discharged. Sd/- (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 07/07/2025 10:59:42