SCA/5687/1987 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5687 of 1987 For Approval and Signature: HONOURABLE MR.JUSTICE A.L.DAVE ========================================================= 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 ? ========================================================= BALKRISHNA RAMCHANDRA PANDOY & 4 - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MR IS SUPEHIA for Petitioner(s) : 1 - 4. Ms.Tanuja Kachchhi, AGP for Respondent(s) : 1 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE A.L.DAVE Date : 21/02/2008 ORAL JUDGMENT 1. The petitioners were working with State Reserve Police and were aggrieved by the provisions of the Gujarat Government Service (Lower Standard and Higher Standard Gujarati Language Examination) Rules, 1970 so also the examination of Hindi prescribed by the Government Resolution dated 20.9.1967 and thus SCA/5687/1987 2/4 JUDGMENT approached this Court making following prayers. “(A) directing the respondents to exclude the petitioners from the applicability of the Gujarat Government Servants (Lower Standard and Higher Standard Gujarati Language Examination) Rules, 1970, as also the Hindi examination prescribed by Government Resolution dated 20.9.1967. (B) declaring that the Gujarati and Hindi examination Rules are not applicable to the petitioners. (C) declaring the Gujarat Government servants (Lower Standard and Higher Standard Gujarati Language Examination) Rules 1970 as amended from time to time as ultravires Articles 14 and 16 of the Constitution of India. (D) directing the respondents to exempt the petitioners from passing the Hindi / Gujarati language examinations. (E) during the pendency of final disposal of this petition, respondents Nos.2 and 3 may be directed to release the accumulated amount of increments of the petitioners which are withheld for not passing the Hindi/Gujarati language examination, within SCA/5687/1987 3/4 JUDGMENT one month and further directing them not to stop their further increments for not passing the Hindi / Gujarati language examination. (F) to grant such other and further reliefs as may be deemed fit.” 2. At the time of admission, this Court passed the following order. “Rule. To be heard with Spl.C.A.2055/87. Interim relief as prayed for in paragraph 20(E) on the condition that (i) petitioners shall appear at every language examination till they pass. (ii) that the petitioners will restore the amount of increments in salary within three months from the order of the High Court in case the petitioners fail in this petition, and (iii) the petitioners shall file an undertaking in that behalf within three weeks from today.” 3. Learned advocate Mr.I.S.Supehia appearing for the petitioners states that all the petitioners have passed the language examination and have retired from service or have taken voluntary retirement on SCA/5687/1987 4/4 JUDGMENT various dates and as such, the principal prayer sought in the petition does not survive. He, however, seeks protection of the payments made to the petitioners by virtue of the interim order. 4. Learned AGP Ms.Tanuja Kachchhi has taken instructions from the respondent authorities and she confirms that petitioner Nos.1 and 2 have taken voluntary retirement and petitioner Nos.3 and 4 have retired from service on attaining the age of superannuation. She also confirms that all four of them had passed in examination as required under the Rules. 5. Since yearly increments were granted to the petitioners pursuant to the orders of this Court and since the petitioners have passed examination and have retired from service or had taken voluntary retirement, there is no question of recovering the amount of increments by the petitioners. It is, therefore, clarified that since the petitioners have already passed the examination in Hindi language, the recovery should not be effected from the petitioners. 6. With these observations, the petition would stand disposed of. Rule is made absolute to the above extent only. No costs. (A.L.Dave,J) srilatha