LPA/445/1992 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 445 of 1992 In SPECIAL CIVIL APPLICATION No.3427 of 1987 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= KURJI NANJI SENJALIA - Appellant(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MS VASHA BRAHMBHATT for Appellant(s) : 1, MS VS PATHAK, ASST. GOVERNMENT PLEADER for Respondent(s) : 1, MR JD AJMERA for Respondent(s) : 2, RULE SERVED for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER Date : 10/03/2008 ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) LPA/445/1992 2/4 JUDGMENT This Appeal, preferred under Clause 15 of the Letters Patent, arises from the judgment and order dated 20th March, 1992 passed by the learned Single Judge in above Special Civil Application No.3427 of 1987. The appellant is the writ petitioner. The appellant, mechanical foreman, employed under the District Panchayat, Amreli filed above Special Civil Application No.3427 of 1987 for higher salary. According to the appellant, he was employed in the year 1956 as a cleaner and gradually rose to be the mechanical foreman. On his appointment as mechanical foreman in the year 1963 he was placed in the pay scale of Rs.80-120. The appellant has relied upon the Government Resolution dated 17th July, 1984. It is submitted that on revision of pay scales under the Gujarat Civil Services (Revision of Pay) Rules, 1975 with effect from 1st January, 1973, the mechanical foremen were placed in the pay scale of Rs.250-480. Under the aforesaid Government Resolution dated 17th July, 1984, the said pay scale was revised to that of Rs.425-700. The said benefit ought to be extended to the appellant. LPA/445/1992 3/4 JUDGMENT The claim was contested by the respondent District Panchayat, Amreli. According to the District Panchayat, Amreli, the appellant was employed by the District Local Board. On constitution of Panchayats under the Gujarat Panchayat Act, 1961, his service was allocated to the District Panchayat, Amreli. His pay was fixed in the prevalent pay scale and was revised from time to time in accordance with the rules. It is denied that the appellant was entitled to the upward pay revision under the above referred Government Resolution dated 17th July, 1984. The learned Single Judge has rejected the claim of the appellant. Evidently, the averments made by the appellant in the writ petition are vague. The claim based on the Government Resolution, in absence of any material that the appellant and the mechanical foreman, referred to in the above referred Government Resolution dated 17th July, 1984, were similarly situated, having similar qualifications or were performing similar duties, is misconceived. The claim for parity based on nomenclature alone is not LPA/445/1992 4/4 JUDGMENT sustainable. The learned Single Judge has rightly dismissed the writ petition. No case for interference is made out. The Appeal is dismissed. The parties will bear their own cost. (Ms. R.M.Doshit, J.) (K.M.Thaker, J.) kdc