SACHANIYA BHARATKUMAR VASHRAMBHAI v. SECRETARY, REVENUE DEPARTMENT, GOVT. OF GUJARAT
SCA/15730/2025 · 2025-11-24
Nirzar S Desai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7092 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7092 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C/SCA/15730/2025 ORDER DATED: 24/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO.15730 of 2025 ========================================= SACHANIYA BHARATKUMAR VASHRAMBHAI & ORS. Versus SECRETARY, REVENUE DEPARTMENT, GOVT. OF GUJARAT & ORS. ========================================= Appearance : KHYATI A CHUGH for the Petitioners. MR ADITYA DAVDA, AGP for the Respondents. =========================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 24/11/2025 ORAL ORDER
1. Heard learned Advocate Ms. Khyati Chugh on behalf of the petitioners and learned Assistant Government Pleader Mr. Aditya Davda on behalf of respondent - State. 2. Rule. Learned Assistant Government Pleader waives service of rule on behalf of respondents. In view of the fact that it was submitted by learned advocate Ms. Chugh that the present petitioners are identically situated to the petitioners of Special Civil Application No.5412 and 5414 of 2020, the matter was taken up <nally. 3. By way of this petition, the petitioners have inter alia submitted that the petitioners are similarly situated to the petitioners of Special Civil Applications No. 5414 of 2020 and 5412 of 2020, where a learned Co-ordinate Bench was concerned with an issue of revising the 1st Higher Grade Pay Scale granted to the petitioners therein for making it equivalent to the entry level pay of
C/SCA/15730/2025 ORDER DATED: 24/11/2025 direct recruits to the post of Deputy Mamlatdar i.e. the entry level pay of the petitioner therein be revised to Rs. 10810/- in the pay band of 9300-34800 along with grade pay of Rs. 4400/-, with e@ect from the date of grant of 1st Higher Grade Pay Scale. 4. Learned Advocates would submit that the petitioners being identically situated to the petitioners of the writ petition referred to herein above, and since the learned Co-ordinate Bench, refers to decision of an Hon’ble Division Bench, which according to the learned Advocates appears to be in rem, therefore, the petitioners may be directed to be made entitled to the very bene<t as had been made entitled in favour of the petitioners therein. 5. As against the same, learned AGP would submit that if the petitioners are similarly situated to the petitioners of Special Civil Applications No. 5414 of 2020 and 5412 of 2020 then the petitioners would be entitled to the relief yet, the State may be given permission to undertake the veri<cation process to verify whether the petitioners are similarly situated to the petitioners of the said writ petition. 6.
Considering such a submission made by learned AGP, to this Court it would appear that permitting the State to undertake an exercise of verifying the submission of the petitioners being similarly situated to the petitioners of Special Civil Applications No.5414 of 2020 and 5412 of 2020 and if they are found similar then directing the State to make good the bene<ts as paid to the petitioners therein, would su@ice the interest of justice. 7. Learned Advocate for the petitioners would not have
C/SCA/15730/2025 ORDER DATED: 24/11/2025 any objection to such a proposition. Hence the following directions :- [1] The petitioners shall an make an appropriate application/representation to the concerned Collectors, as regards their entitlement to the bene<t as made available to the petitioners of Special Civil Applications No. 5414 of 2020 and 5412 of 2020. [2] The said application/representation shall be made within a period of one week form the date of receipt of this order. [3] Upon receipt of the application/representation the concerned Collector, if required in consultation with the Secretary, Revenue Department or the Secretary, Finance Department shall undertake an exercise of verifying the aspect of the petitioners being similarly situated to the petitioners of Special Civil Applications No. 5414 of 2020 and 5412 of 2020. Such veri<cation shall be done within a period of 8 weeks from the date of receipt of the application/representation. [4] In case the Collector <nds the petitioners to be similarly/identically situated then the bene<ts as has been made available to the petitioners of Special Civil Applications No. 5414 of 2020 and 5412 of 2020 shall be made available to the petitioners, within a period of four weeks thereafter. [5] In case the Collector, is of the opinion that any of the petitioner is not similarly/identically situated to the petitioner of Special Civil Applications No. 5414 of 2020 and 5412 of 2020 then the application shall be rejected with an appropriate reasoned
C/SCA/15730/2025 ORDER DATED: 24/11/2025
order which shall be communicated to the said petitioners. The said communication also to be sent within a period of four weeks from the date the decision is taken. [6] In case the Collector rejects application/representation any of the petitioners herein then it would be open for such petitioners to avail appropriate remedy there against as permissible under the law.
8. With the above observations and directions the petition stands disposed of as partly allowed. Rule is made absolute to the aforesaid extent. No order as to costs.
(NIRZAR S. DESAI,J) SAVARIYA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 24/11/2025 14:43:17