C/SCA/15299/2017 ORDER DATED: 28/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15299 of 2017 ========================================================== MITHABHAI PASHABHAI PATEL Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR HARNISH V DARJI(3705) for the Petitioner(s) No. 1 MR AKASH CHHAYA, AGP for the Respondent(s) No. 1 MR MANISH J PATEL(2131) for the Respondent(s) No. 2,3 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 28/07/2025 ORAL ORDER 1. The petitioner is challenging the order dated 1.9.2016, whereby the respondent No.3 has informed the petitioner that he would not be entitled for consideration of his claim for higher grade pay in view of the fact that an appeal against his acquittal was pending consideration. 2. It is stated at the bar jointly that pendency of this writ petition, the appeal filed against the acquittal of the petitioner has been dismissed. 3. The learned counsels appearing for the respondents also submit that a direction shall be issued to concerned to ensure that the matter is re-examined and the claim regarding the entitlement of the petitioner for grant of higher pay grade should be considered in accordance with law. It is therefore, submitted that Annexure-A no longer exists for it to be quashed. It is also stated at the bar that the claim of the petitioner is C/SCA/15299/2017 ORDER DATED: 28/07/2025 processed and the same shall be considered and disposed within FOUR WEEKS. 4. In the light of the above, this petition is DISPOSED OF by directing the respondents to consider the claim of the petitioner for extension of higher grade pay in light of the dismissal of the appeal that had been file against his acquittal. This exercise shall be undertaken and completed within a period of SIX WEEKS from the date of receipt of this order. Rule is made absolute to the aforesaid extent. 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 28/07/2025 17:17:49