Patel Priti Mahendrakumar & vs State Of Gujarat &

By this writ-application under Article 226 of the Constitution of India, the petitioners, serving as the Section Officers with the High Court of Gujarat, have prayed for the following reliefs :

"(A) Your Lordships may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction, quashing and setting aside the Government Resolution No.PGR/102010/64/Pay Cell (M) dated 14.09.2011 issued by the Finance Department, Government of Gujarat to the extent that it is not applicable to the employees who have been appointed by way of promotion (at Annexure A);

or in the alternative (B) Your Lordships may be pleased to read down the Government Resolution dated 14.09.2011 as if it is providing for the entry level pay of Rs.10810/- for the promotees such as the present petitioners with effect from the date of their entitlement, as has been provided for the fresh recruits appointed on or after 01/01/2006 and be further pleased to direct the respondents to act accordingly insofar as the petitioners are concerned;

(C) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents to step up the entry level of pay of the petitioners Page 1 of 3 HC-NIC Page 1 of 3 Created On Wed May 04 04:17:52 IST 2016 C/SCA/7248/2016 ORDER to Rs.10,810 in the pay band of Rs.9300-34800 along with grade pay of Rs.4400/- with effect from the date of promotion of the petitioners to the post of Deputy Section Officers, in parity with the pay of the direct recruits in light of the Government resolution dated 14/09/2011;

(D) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents to grant arrears of difference of salary payable to the petitioners on removal of the anomaly alongwith interest @ 9% per annum thereon and may further be pleased to direct the respondents to pay the periodical rise and all consequential benefits with effect from their date of entitlement;

(E) Pending admission, hearing and final disposal of this petition Your Lordship may be pleased to direct the respondents to step up the pay of the petitioners to Rs.10,810/- in the pay band of Rs.9300-34800 along with grade pay of Rs.4400/- with effect from the next month as if the anomaly between the pay of the petitioners and their juniors were removed with effect from their date of entitlement;

(F) Pass such other and further reliefs as may be deemed just and proper in the facts and circumstances of the present case may kindly be granted."

This issue is squarely covered by the judgment and order dated 1st March 2016 passed by this Court in Special Civil Application No.2072 of 2016 and alllied matters.

This writ-application is also disposed of in terms of the above order.

In the result, the respondents are directed to step up the entry level pay of the writ-applicants to Rs.10,810=00 in the Pay Band of Rs.9300-34800 alongwith the Grade Pay of Rs.4400=00, and pay arrears from the date of promotion with interest at the rate of 9% per annum from the date of their entitlement. The arrears should be paid within a period of three months from the date of receipt of the writ of this order. The respondents are further directed to pay the periodical rise in the Pay Band of Rs.9300-34800 with consequential benefits. Direct service is permitted.