C/SCA/21750/2016 ORDER DATED: 07/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 21750 of 2016 ========================================================== KAMALESH RAMU NAIK Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR GUNVANT R THAKAR(3801) for the Petitioner(s) No. 1 MS BHARGAVI G THAKAR(5015) for the Petitioner(s) No. 1 GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 07/07/2025 ORAL ORDER 1. These facts are not in dispute. 2. The petitioner was granted 1st higher pay scale in the year 1988 and as per the Government Resolution dated 02.07.2007, he was granted a 2nd higher pay scale on completion of 25 years. 3. Since, the petitioner had completed 24 years as of 2013, he was granted 2nd higher pay scale. This was, however, subject to the condition that the petitioner would have to clear certain departmental exams. The petitioner had also given an undertaking that he would clear the departmental examinations, as indicated in the Government order, to avail the benefit of the higher pay scale. 4. It is not in dispute that the petitioner did not clear this C/SCA/21750/2016 ORDER DATED: 07/07/2025 departmental examination in three departmental examinations, which were conducted in the year December-2013, October- 2014 and June-2015. 5. Since the petitioner did not clear the departmental examination from June-2015, the petitioner was not entitled to the higher pay scale, that was extended to him in the year 2013. Consequently, recovery was effected from June-2015 for the higher pay scale which was paid to him till November-2016. 6. The Petitioner has, therefore, filed this petition challenging the recovery that was ordered from the salary regarding the extension of higher pay scale w.e.f. June-2015. It is the principal contention of the petitioner that he was not provided with any training as required under the Government Resolution which extended the higher pay scale and therefore, no recovery could be effected even if he did not clear the departmental examinations. 7. As observed earlier, the petitioner had given an undertaking that he would clear the departmental examination within the stipulated period. Therefore, the consequence of this affidavit is that the petitioner was aware that if he did not clear the departmental examination, he was not entitled for the continuation of the higher pay scale. 8. The State has rightly, in my view, ordered recovery only in respect of period after the petitioner had failed to clear the departmental examination i.e. from June-2015. Page 2 of 3 C/SCA/21750/2016 ORDER DATED: 07/07/2025 9. The State in accordance with the Government Resolution has ensured that the higher pay scale which was paid from June- 2013 to June-2015 was not recovered as per said Government Resolution. In my view, the argument that since no training was given, the petitioner should never be subjected to recovery even if he did not pass the departmental examination, cannot be accepted. More so, when he had given a clear undertaking that he would clear the departmental examination within the particular time frame. The petitioner was obviously aware of the consequence that would befall him, if he did not clear the departmental examination i.e. he would be subjected to recovery. 10. I find no reason to entertain the present petition therefore, the present petition is dismissed. (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 17:56:31