LPA/392/2026

Judgment text excerpt

NEUTRAL CITATION C/LPA/392/2026 JUDGMENT DATED: 17/06/2026 2026:GUJHC:36564-DB IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 392 of 2026 In R/SPECIAL CIVIL APPLICATION/12566/2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2026 In R/LETTERS PATENT APPEAL NO. 392 of 2026 ========================================================== THE STATE OF GUJARAT Versus P.B.BAVALAVA, COOPERATIVE OFFICER & ANR. ========================================================== Appearance: MS KRISHA DESAI, AGP for the Appellant(s) No. 1 MR JAY DAKWALA for the Respondent MR. RAJ A TRIVEDI(7024) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA and HONOURABLE MR.JUSTICE J. L. ODEDRA Date : 17/06/2026 ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA) 1. The respondent herein was appointed as a Junior Clerk on 16.8.1982. After about 9 years, i.e. on 24.3.1991, he was promoted as a Senior Clerk. However, he sought for reversion to his original post of Junior Clerk and this request was acceded to and he was reverted as a Junior Clerk on 1.10.1991. 2. Notwithstanding this reversion, on 17.7.1992, the respondent was once again promoted as a Senior Clerk. Page 1 of 7 Uploaded by () on Downloaded on : Tue Jun 30 21:31:37 IST 2026 NEUTRAL CITATION C/LPA/392/2026 JUDGMENT DATED: 17/06/2026 2026:GUJHC:36564-DB 3. As the respondent had stagnated in the cadre of Senior Clerk for more than 9 years, he was granted the benefit of a first higher pay scale on the basis of the Government Resolution dated 16.8.1994. This higher pay grade scale was granted to him with effect from 31.7.2001. 4. However, the higher pay grade granted to the respondent with effect from 31.7.2001 came to be cancelled by the