SCA/660620/2008 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 6606 of 2008 With SPECIAL CIVIL APPLICATION No. 6843 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 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 ? ========================================================= KHUMANSINH M. ZALA - Petitioner(s) Versus STATE OF GUJARAT & 3 - Respondent(s) ========================================================= Appearance : MS TEJAL K SHAH for Petitioner(s) : 1, MR JK SHAH AGP for Respondent(s) : 1, 3, RULE SERVED BY DS for Respondent(s) : 2, 4, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 19/12/2008 ORAL COMMON JUDGMENT 1. In these petitions, the petitioners have challenged their placement in the lower pay-scale than the existing one by the respondents by virtue of SCA/660620/2008 2/5 JUDGMENT Resolution dated 15th December, 1987. 1.1. The petitioners were initially appointed in the scheme known as Sarvoday Scheme. The petitioner of Special Civil Application No. 6606 of 2008 was appointed as Peon vide order dated 1st June, 1978 and he was posted in the Surendranagar District and the petitioner of Special Civil Application No. 6843 of 2008 was appointed under the said Scheme as Khadi Karyaker and he was posted at Kalemser, Taluka Khambhat, District Kheda. Both of them were placed in the pre-revised pay-scale, respectively. The Scheme was being administered by respondent no.1 -State Government. 1.2. By Resolution dated 31st August, 1981 the respondent decided to abolish the Scheme and the said Resolution came to be challenged by the employees working under the said Scheme. However, as a result of the intervention of this Court, the respondent gave assurance before this Court that all the employees working under the Scheme would be duly absorbed in the Panchayat service in the existing pay-scale. In view of the said assurance, the said petition was withdrawn by the association. 1.3. In view of the compromise between the respondent and the employees, both the petitioners were absorbed in service vide order dated 1st September, 1981. SCA/660620/2008 3/5 JUDGMENT 1.4. The petitioners grievance is that they were working in the lower pay-scale and were not paid the existing pay-scale. According to them, the Government ought to have continued their existing pay-scale, but instead they have been wrongly placed in lower pay-scale. Since their request was not acceded to, the petitioners have approached this Court by way of this Special Civil Application. 2. Ms. Tejal Shah learned advocate appearing for the petitioners has submitted that the respondents have acted against the assurance given to the ex-cadre employees of the Scheme, since they were to be given their existing pay-scale, but instead they have been lower pay-scale. According to her, this amounts to wrongful reversion. She has further submitted that the decision has been taken by virtue of the Resolution dated 15th December, 1987. The said Resolution however, has been challenged time and again before this Court in the petitions filed by erstwhile employees of the Scheme and, therefore, according to her, the issue involved in this petition, is already decided in favour of the petitioners. She has placed reliance on several decisions some of which have been annexed to these petitions. 2.1. Mr. J.K. Shah, learned AGP for the respondent SCA/660620/2008 4/5 JUDGMENT has placed on record the communication dated 15th December, 2008, wherein it is stated that the cases of the petitioners are identical and similar as far as issues and grievances are concerned, and since the petitioners are similarly situated in the line of other identical cases, the department would consider their case in the similar line as done in the identical and similar cases in the past. The said communication is taken on the record. 3. Having gone through the record of this petition and the decisions which have been relied on by the petitioners, it clearly appears that the petitioners who were the former employees of the Scheme administered by the State Government, along with others were given assurance to the effect that they would be absorbed in the Panchayat service on their existing pay-scales. This was done in light of the petitions that were filed before this Court earlier. It was also assured to the petitioners and petitioning association of the ex-cadre employees under the Scheme that the employees would be treated as employees of the Panchayat and would be given all the benefits which have been made available to the employees of the Panchayat. Despite such assurance having been given to them, the said employees were almost compelled to give an undertaking in terms of Resolution dated 15th December, SCA/660620/2008 5/5 JUDGMENT 1987 and in particular paragraphs 4 and 5 thereof. The terms stated in the said paragraphs are with regard to absorption of the petitioners on the post having lower pay-scale. 4. In view of the aforesaid, this petitions are allowed. The respondents are directed to consider the case of the petitioners, in accordance with law, and shall decide the same on or before 31st March, 2009. The respondents are also directed to pay to the petitioners all the arrears on or before 31st May, 2009. 5. With the above observations and direction, the impugned orders are quashed and set aside. The petitions are allowed. Rule is made absolute with no order as to costs. [K.S. JHAVERI, J.] /phalguni/