Research › Search › Judgment

Gujarat High Court · body

2016 DIGILAW 1707 (GUJ)

Rasmitaben Manilal Patel v. State of Gujarat

2016-08-10

ABHILASHA KUMARI

body2016
JUDGMENT : Abhilasha Kumari, J. 1. The present petition has been preferred under Article 226 of the Constitution of India with the following prayers: (A) Your Lordships may be pleased to direct the Respondent authorities to remove the anomaly in the pay scale of the Petitioner forthwith by fixing the pay of Petitioner the scale of Rs. 5000-8000 (Ward Sister) instead of Rs. 4500-7000 from the date of her appointment, i.e. 23-09-1999 and to pay the arrears thereof to the Petitioner with the interest @ 18% p.a. by holding and declaring that the Petitioner is entitled for the pay scale of Rs. 5000-8000 and the inaction on the part of the Respondents is illegal, arbitrary, unjust and unconstitutional. (B) To provide for the Costs. (C) Any other and further reliefs as deemed just and proper looking to the facts of this case may kindly be granted in favour of the Petitioner herein in interest of justice. 2. It is the case of the petitioner that she has been appointed as 'Ward Sister' by respondent No. 3-Trust by an order dated 13.09.1999. The grievance of the petitioner is that she ought to have been appointed in the pay-scale of Rs. 5000-8000/-. However, due to an anomaly, the petitioner has been appointed in the pay-scale of Rs. 4500-7000. It is further the case of the petitioner that respondent No. 3 - Trust has admitted the mistake in the pay fixation of the petitioner but nothing further has been done by it in order to rectify the same. 3. Respondent No. 3 has filed an affidavit-in-reply, in which a stand is taken that the Hospital in which the petitioner is appointed, is, being run by the Trust out of its own funds and if the demand of the petitioner is fulfilled, it would cause a financial burden to the Trust. 4. This Court has heard Mr. Girish Patel, learned advocate for the petitioner, Ms. Snusha Joshi, learned Assistant Government Pleader for respondent No. 1 and Mr. HS Munshaw, learned advocate for respondents Nos. 2 and 3. 5. Learned counsel for the petitioner has drawn the attention of the Court to the resolution of respondent No. 3 - Trust dated 07.10.2008. It is stated therein, that the petitioner has been granted the pay-scale of Rs. 4500-7000 by mistake, whereas she ought to have been given the pay-scale of Rs. 5000-8000. 2 and 3. 5. Learned counsel for the petitioner has drawn the attention of the Court to the resolution of respondent No. 3 - Trust dated 07.10.2008. It is stated therein, that the petitioner has been granted the pay-scale of Rs. 4500-7000 by mistake, whereas she ought to have been given the pay-scale of Rs. 5000-8000. Attention has also been drawn to the letter dated 16.05.2009 issued by respondent No. 3-Trust to the State Government, wherein this mistake has been admitted and permission has been requested requesting to rectify the mistake. Learned counsel for the petitioner has further pointed out the letter dated 17.06.2010, issued by the State Government to the Administrator of respondent No. 2, stating that respondent No. 3-Trust does not require any permission from the State Government to rectify the mistake. 6. The situation has remained the same till date, and respondents Nos. 2 and 3 have not taken any steps to rectify the anomaly in the pay-scale of the petitioner, which is undisputed and admitted by them. 7. In the above background, this Court requested Mr. H.S. Munshaw, learned counsel for respondents Nos. 2 and 3 to take instructions from the said respondents. After doing so, Mr. H.S. Munshaw, learned advocate states, upon instructions from respondent No. 3-Shree Arasuri Ambaji Mata Devasthan Trust through Mr. Brahmbhatt, Administrator that the petitioner shall be given the pay-scale of Rs. 5000-8000 from the date of her initial appointment, including all the arrears. 8. In view of the above statement made by learned counsel for respondents Nos. 2 and 3, this Court considers it appropriate to pass the following order: The respondents Nos. 2 and 3 shall grant the pay-scale of Rs. 5000-8000 to the petitioner from the initial date of appointment, and pay all arrears to her on or before 15th October, 2016. As the petitioner has been deprived of her rightful pay scale, for no fault of her own, respondents Nos. 2 and 3 shall pay interest at the rate of 9% on the amount due to her. 9. The petition is allowed, in above terms. Rule is made absolute, accordingly. There shall be no order as to costs.