LexK.K.GOHIL versus STATE OF GUJARAT AND OTHERS
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A B (2015] 8 S.C.R. 788 K.K.GOHIL v. STATE OF GUJARAT AND OTHERS (Civil Appeal No.5821 of2011) AUGUST 12, 2015 [M.Y. EQBAL AND ARUN MISHRA, JJ.] Service law - Higher grade scale - Entitlement to - C Employee granted higher grade scale on completion of nine years - Withdrawal of, on the ground of non-passing of the departmental examination - Said order upheld by High . Court- Sustainability of- Held: By Government Resolution dated 16.08.1994, if employee gets higher grade scale 0 without passing any competitive examination, he will have.to clear the departmental examination otherwise the grant of · highergrade scale is to be withdrawn - However, by Circular dated 24.11.2004, State Government modified the earlier Resolution directing that in cases where for getting higher E pay scales a departmental examination is necessary then in such cases it is equally necessary that the departmental examination should be organised in time - High Court did not considered the subsequent circular of 2004 and based on the circular of 1994, upheld the order of withdrawal of F benefit- In view of the facts of the case vis-a-vis Government Resolution issued time to time, order passed by the High Court set aside. G H Allowing the appeal, the Court HELD: From perusal of the Government Resolution dated 16th August, 1994, it is manifestthatthe grant of a higher grade scale to the eligible employees who have 788 K.K.GOHIL v. STATE OF GUJARAT AND OTHERS 789 completed nine years of service is permissible, provided A that the employee is eligible to get the promotion on the basis of his overall performance, qualifications and passing the examination if prescribed. It is also material that if the employee gets higher grade scale without passing any competitive examination, he will have to B clear the departmental examination otherwise the grant of higher grade scale is to be withdrawn. However, by circular dated 24.11.2004, the Government of Gujarat modified the earlier Resolution taking note of the High Court's order and directed that in cases where for getting C higher pay scales a departmental examination is necessary then in such cases it is equally necessary that the departmental examination should be organised in time. Further by Government Order dated 22.06.2006, it 0 was specifically brought to the notice of the Department that if the higher departmental examination is not organised during the eligibility period for getting the higher pay scales then in such case.the higher pay scale benefit cannot be stalled on such ground. In the instant E case, admittedly, the higher pay scale was ordered to be granted to the appellant after completion of nine years but the same was withdrawn on the basis of earlier circular of 1994. The High Court did not consider the subsequent circular of 2004 and based on the circular F of 1994, the order withdrawing the benefit was upheld. Considering the entire facts of the case, vis-a-vis the Government Resolution time to time issued relating to the condition for giving benefit of promotion, the reasons assigned by the Single Judge and the Division Bench G of the High Court cannot be sustained in law, and the order passed by the High Court is set aside. (Paras 12- 14] (794-F-H; 795-A-F] CIVIL APPELLATE JURISDICTION: Civil Appeal No. H 790 SUPREME COURT REPORTS [2015] 8 S.C.R. A 5821 of2011. B From the Judgment and Order dated 11.12.2009 of the High Court of Gujarat atAhmedabad in Letters Patent Appeal No. 2392 of 2009. Manoj K. Mishra, Sandeep Kr. Dwivedi, Bheem Pratap Singh for the Appellant. Jesal Wahi, Hemantika Wahi for the Respondents. C The Judgment of the Court was delivered by M. Y. EQBAL, J. 1. This appeal by special leave is directed against the judgment and order dated 11th December, 2009 passed by the High Court of Gujarat at Ahmedabad in D Letters Patent Appeal No.2392 of 2009, whereby the High Court has dismissed the Letters PatentAppeal of the Appellant. 2. The factual matrix of the case is that the appellant had joined the service on 16.11.1989 as a peon in the Social E Welfare Department and, thereafter, the appellant was promoted as Junior Clerk in the pay-scale of Rs. 950-1500 vide order dated 30.6.1997 and posted under the Commissioner of Tribunal Development, Gujarat State and the said scale of Rs.950-1500 which came to be revised as F Rs.3050-1590 in view of the Revision of Pay Rules, 1998 made
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