C/SCA/21139/2016 ORDER DATED: 07/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 21139 of 2016 ========================================================== YAKUB MUSABHAI DOSANI Versus CHIEF OFFICER ========================================================== Appearance: MR DM THAKKAR(894) for the Petitioner(s) No. 1 MR BHAVESH P TRIVEDI(2731) for the Respondent(s) No. 1 MR RR TRIVEDI(941) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 07/07/2025 ORAL ORDER 1. The prayer in this writ petition is to direct the respondent to extend the pay scale of Rs. 5,000/- to Rs. 8,000/- which is assigned to the post of a Tax Inspector and which was in fact extended to his predecessor in office i.e. Shri U. G. Makwana. 2. This contention of the petitioner is based on the fact that the personnel who held the post prior to him i.e. Shri U. G. Makwana was granted a pay scale of Rs. 5,000/- to Rs. 8,000/- whereas, he has been given a lower pay scale of Rs. 4,500/- to Rs. 7,000/-. 3. The stand of the Municipality is that Shri U. G. Makwana was extended a higher pay scale along with two others (who were the heads of the departments), since those three people had approached the Industrial Tribunal and the Industrial Tribunal C/SCA/21139/2016 ORDER DATED: 07/07/2025 had adjudicated upon the issue and has held that they were entitled to a higher pay scale. It is contended in the reply, at para – 4, that the petitioner had not approached the Tribunal and therefore, he could not be extended the pay scale that was sought for. It is also contended in the reply that the petitioner was promoted to the post of Tax Inspector on the specific grade of Rs. 4,500/- to Rs. 7,000/- which was approved by the Director of Municipality and he cannot therefore, claim a higher pay scale. 4. It cannot be an dispute that a particular post would have to necessarily have the same pay scale. Different officers in the same cadre cannot be granted different pay scales. Since it is not in dispute that the predecessor in the office i.e. Shri U. G. Makwana was extended the pay scale of Rs. 5,000/- to Rs.8,000/-, it necessarily follows that the petitioner would also be entitled to the same scale of Rs. 5,000/- to Rs. 8,000/-. 5. The argument of the municipality that the pay scale of Rs. 5,000/- to Rs. 8,000/- was extended to Shri U. G. Makwana because he had approached the Tribunal whereas the petitioner had not approached the Tribunal, is a contention which is to be stated only to be rejected. 6. It is settled law that if the right to a particular scale to a particular post has been determined by a competent Court, the employer would have to necessarily extend the benefit to all the employees who are holding that post and the employer cannot contend that the other employees should also approach the Court to secure the benefit. Having regard to this settled C/SCA/21139/2016 ORDER DATED: 07/07/2025 position, it is but necessary to direct the petitioner to the Municipality to extend the pay scale of Rs. 5,000/- to Rs. 8,000/- to the petitioner as was extended to his predecessor in office i.e. Shri U. G. Makwana. 7. The benefit of this extension of pay scale shall be computed and made over to the petitioner within a period of three months from the date of receipt of copy of this order. 8. Accordingly, the present writ petition is allowed. (NSSG,J) Mehul Desai Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MEHULKUMAR BHIMABHAI DESAI(HCD0075), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 08/07/2025 17:57:19