JUDGMENT : A.P. THAKER, J. 1. The present Letters Patent Appeal has been taken out under Clause 15 of the Letters Patent against the judgment and order passed by the learned Single Judge in captioned Special Civil Application dated 9th June 2014 whereby the learned Single Judge has allowed the petition filed by respondent No.1 herein. 2. Brief facts of the case is that the respondent No.1 – original petitioner herein was, initially, employed with M/s. Industrial Extension Bureau, a Government of Gujarat Organization since 13th August 1979 and was appointed w.e.f. 22nd November 1990 as Personal Assistant to Managing Director (PA to MD) of M/s. Gujarat Power Corporation Limited, appellant herein in pay-scale of Rs.2000-60-2300-EB-75-3200-3500 which pay scale he was drawing with INDEXTB. The respondent No.1 was confirmed as PA to MD and after completion of 12 years of service, the post of PA to MD was upgraded to that of Executive in the pay scale of Rs.2200-75-2800-100-4200 with a basic pay of Rs.3875/-. The respondent No.1 was promoted to the post of Senior Executive w.e.f. 1st April 1998 in the pay scale of Rs.3000 – 4500 with a basic pay of Rs.3875. 2.1 On 7th January 1998, the State Government revised the pay scales of its employees in terms of recommendation of 5th Pay Commission, on scale to scale basis, effective from 1st January 1996. The said pay scale was made applicable to the present appellant. Due to coming into force of 5th Pay Commission, the pay fixation was carried out in respect of the original petitioner wherein it was shown that the appellant herein has revised the respondent No.1’s pay scale to Rs.5000–150–8000 w.e.f. 1st January 1996 and proceeded to fix his pay as on 1st January 1996 at Rs.10530/- comprising of Rs.8000/- as basic pay and Rs.2530/- as personal pay. It is contended that w.e.f. 1st April 1998, the original petitioner’s pay was fixed in the pay scale of Rs.5500 – 175 – 9000 and his pay was fixed to Rs.10500/- comprising of Rs.9000/- as the basic pay plus Rs.175/- as stagnation increment and the balance as personal pay. It is contended that w.e.f. 1st April 1998, the original petitioner’s pay was fixed in the pay scale of Rs.5500 – 175 – 9000 and his pay was fixed to Rs.10500/- comprising of Rs.9000/- as the basic pay plus Rs.175/- as stagnation increment and the balance as personal pay. 2.2 It is contended that by revising the original petitioner’s pre-revised pay scale in the aforesaid manner, original respondent No.2 – appellant herein has not only nullified the promotion which the petitioner has got in April 1998 but has also brought down the petitioner’s pay scale to a stage which is at par with Executive Assistants whose pre-revised pay scale of Rs.1640 – 2900 was not only three stages below his pre-revised pay scale of Rs.3000 – 4500 in the post of Senior Executive but also two stages below his pre-revised pay scale of Rs.2200 – 4200 which the original petitioner was drawing in the upgraded post of PA to MD (Executive) even prior to his promotion to the post of Senior Executive. It is contended that by virtue of the aforesaid anomaly in the revision of his pay scale w.e.f. 1st January 1996, apart from losing heavily in terms of monetary benefit, the original petitioner stands downgraded in terms of status in both the positions i.e. PA to MD and also as Senior Executive because even though the original petitioner is presently serving as a Senior Executive as Class I post, yet in terms of the revised pay scale granted to him, the original petitioner is placed at par with the Executive Assistant which is a Class III post. 2.3 It is contended that being aggrieved by the aforesaid action of original respondent No.2, on 9th October 2000, the original petitioner made a representation requesting respondent No.2 to remove the above-referred anomaly by granting the petitioner forthwith the revised pay scale of Rs.8000 – 14050 w.e.f. 1st January 1996 and Rs.10000 – 15200 w.e.f. 1st April 1998 with all consequential benefits. It is contended that respondent No.2 vide its reply dated 4th November 2000 has informed the petitioner that respondent No.2 has revised the pay scale of the petitioner after taking up the matter with State Government of Gujarat – original respondent No.1 and on final rejection thereof from respondent No.1. It is contended that respondent No.2 vide its reply dated 4th November 2000 has informed the petitioner that respondent No.2 has revised the pay scale of the petitioner after taking up the matter with State Government of Gujarat – original respondent No.1 and on final rejection thereof from respondent No.1. 2.4 It is contended that against the aforesaid action of the original respondents, the original petitioner has filed the above mentioned Special Civil Application. The learned Single Judge has allowed the petition and quashed and set aside the communications being No.GPCL/PERS/17282 dated 26th September 2000 and No. GPCL:ADMN:17434 dated 4th November 2000 and also directed the respondents to fix the pay scale of the original petitioner scale to scale corresponding to the pay-scale which he was drawing as revised from time to time since his joining services with original respondent No.2. 3. Heard Mr. D.G. Shukla, learned counsel for the appellant, Mr. G.M. Joshi, learned senior counsel with Mr. Vyom Shah, learned counsel for respondent No.1 and Ms. Krina Calla, learned Assistant Government Pleader for respondent No.2 – State. Perused the materials placed on record. 4. Mr. D.G. Shukla, learned counsel for the appellant has vehemently submitted that the pay fixation was done according to the Rules and Regulations of the Government and at the relevant time, when the recommendation of Pay Commission was implemented to the employee of the appellant in 1996, respondent No.1 was holding the post of PA to MD and he was given promotion in 1998 as Senior Executive. According to him, the pay fixation as on 1st January 1996 was to be applied as per the pay scale attached to PA to MD and he cannot be placed in the pay scale of Senior Executive on 1st January 1996. Mr. Shukla, learned counsel has submitted that the pay fixation made on 1st January 1996 as per the recommendation of the Pay Commission cannot be flouted. According to him, the entire exercise taken by the appellant for fixation in the pay scale of respondent No.1 herein is legal and valid and, therefore, the impugned judgment and order of the learned Single Judge is required to be interfered with as it is not sustainable in the eyes of law. He has urged to allow the present appeal and to quash and set aside the impugned judgment and order of the learned Single Judge. 5. Mr. He has urged to allow the present appeal and to quash and set aside the impugned judgment and order of the learned Single Judge. 5. Mr. G.M. Joshi, learned senior counsel with Mr. Vyom Shah, learned counsel for respondent No.1 has vehemently submitted that the learned Single Judge has properly appreciated the facts and the legal aspects of the matter and has not committed any error of facts and law and the impugned judgment and order of the learned Single Judge is sustainable in the eyes of law. He has submitted that in April 1998, the original petitioner was promoted to the post of Senior Executive and, therefore, he ought to have been placed in the pay scale of Rs.10000 – 325-15200. Mr. Joshi, learned senior counsel has also submitted that the pay fixation as carried out by the appellant – Corporation, as per page No.30 of the compilation, the original petitioner has been placed in the pay scale of Rs.5500-175-9000 as per the recommendation of the Pay Commission. While referring to the Government Circular as well as papers, he has submitted that the pay fixation w.e.f. 1st April 1998 is not in consonance with the pay scale of the Senior Executive. According to him, the judgment and order of the learned Single Judge is legal and valid and, this Court may not disturb the same. 6. In rejoinder, Mr. D.G. Shukla, learned counsel for the appellant has submitted that during the pendency of the petition, the amount has been deposited in the Registry of this Court and if this Court comes to the conclusion that there was some mistake on the part of the appellant in applying the pay scale of the Senior Executive, which was made in April 1998 then the proportionate amount deposited by the appellant may be permitted to withdraw by the respondent No.1 herein. 7. Having considered the submissions made on behalf of both the parties and the materials placed on record, it reveals that there is no dispute regarding the following facts: (i) The original petitioner i.e. respondent No.1 herein was appointed in the appellant – organization w.e.f. 22nd November 1990 as PA to MD in the pay scale of Rs.2000-60-2300-EB-75-3200-3500. (ii) The original petitioner was confirmed as PA to MD and the post of PA to MD was upgraded in the pay scale of Rs.2200-75-2800-100-4200/- with his basic pay at Rs. 3400/-. (ii) The original petitioner was confirmed as PA to MD and the post of PA to MD was upgraded in the pay scale of Rs.2200-75-2800-100-4200/- with his basic pay at Rs. 3400/-. (iii) On 7th April 1998, he was promoted to the post of Senior Executive w.e.f. 1st April 1998 in the pay scale of Rs.3000-4500 with a basic pay of Rs.3875/-. (iv) On 7th January 1998, the State Government revised the pay scale of its employees in terms of recommendation made by the 5th Pay Commission, on scale to scale basis, effective from 1st January 1996. The same pay scale has been applied to the employee of the Corporation by the Government. As per the recommendation of Pay Commission, the organization has granted pay scale of Rs.5000-150-8000 w.e.f. 1st January 1996. (v) From 1st April 1998, the employee was given pay scale of Rs.5500-175-9000/-. As per the recommendation of the Pay Commission, the pay scale of PA to MD was prescribed as Rs.5000-150-8000. Whereas, for Senior Executive, the pay scale is prescribed as Rs.10000-325-15200 against old pay scale of Rs.3000 – 4500. 8. Now, on perusal of the materials placed on record and the aforesaid admitted fact, it is crystal clear that the original petitioner has got post of Senior Executive in the month of April 1998 and at the relevant time, he was given pay scale of Rs.2200-75-2800-100-4200. It is an admitted fact that on the recommendation of pay scale by the Government, the pay scale w.e.f. 1st January 1996 for the post of PA to MD is prescribed as Rs.5000-150-8000. Now, on perusal of the pay fixation, which is at page No.29 of the compilation, it appears that the pay fixation for the post of PA to MD in the new pay scale Rs.5000-150-8000 has been granted to the respondent No.1. This fixation is in consonance with the pay scale granted by the Government for the Corporation. There is nothing wrong in granting pay scale of Rs.5000-150-8000 to the original petitioner as he was holding the post of PA to MD on 1st January 1996. No fault can be said to have been made by the Corporation in granting such pay scale, as admittedly, the employee was working as PA to MD. 9. There is nothing wrong in granting pay scale of Rs.5000-150-8000 to the original petitioner as he was holding the post of PA to MD on 1st January 1996. No fault can be said to have been made by the Corporation in granting such pay scale, as admittedly, the employee was working as PA to MD. 9. On perusal of the pay fixation which is made for the Senior Executive, which is at page No.30 of the compilation, it appears that in April 1998, the employee was working as Senior Executive. Now, it is an admitted fact that for the post of Executive, the pay scale granted by the Government to the Senior Executive, as per page No.40/D, is Rs.10000-325-15200. Now, as per the pay fixation, at page No.30 of the compilation, the Corporation has granted pay scale of Rs.5500-175-9000/-. This pay fixation is contrary to the pay scale approved for the Senior Executive which is Rs.10000-325-15200. As such, the employee i.e. private respondent is entitled to get the pay scale of Rs.10000-325-15200 from April 1998. Therefore, the pay fixation of respondent No.1 – original petitioner is not proper, legal and valid in view of the Government Resolution granting revised pay scale to the post of Senior Executive. The fixation made at page No.30 of the compilation is clearly not sustainable in the eyes of law. This pay fixation of the private respondent in the pay scale of Rs.5500-175-9000/- is not proper and to that extent, the original petitioner is required to be granted the pay scale of Rs.1000-325-15200 w.e.f. 1st April 1998 for holding the post as Senior Executive. 10. On perusal of the impugned judgment and order of the learned Single Judge, it appears that the learned Single Judge has committed an error of facts and law in allowing the petition in toto. Therefore, the modification is required in the impugned judgment and order of the learned Single Judge and the present appeal is required to be partly allowed. 11. In view of the above, the Letters Patent Appeal is partly allowed. The impugned judgment and order dated 9th September 2014 passed by the learned Single Judge in Special Civil Application No.11603 of 2015 is modified to the effect that the pay fixation done by the Corporation as per page No.30 for Senior Executive is hereby quashed and set aside. In view of the above, the Letters Patent Appeal is partly allowed. The impugned judgment and order dated 9th September 2014 passed by the learned Single Judge in Special Civil Application No.11603 of 2015 is modified to the effect that the pay fixation done by the Corporation as per page No.30 for Senior Executive is hereby quashed and set aside. The Corporation is directed to carry out the pay fixation of the employee as Senior Executive as he was Senior Executive in the pay scale of Rs.10000-325-15200. Necessary arrears amount thereon to be paid. It is clarified that the pay fixation carried out by the Corporation w.e.f. 1st January 1996 in the pay scale of Rs.5000-150-8000 is upheld. 12. The amount deposited by the Corporation with the Registry of this Court may be proportionately paid to both the sides and employee will be entitled to got the amount deposited with the Registry of this Court on the calculation of re-fixation from 1st April 1998 on the post of Senior Executive in the pay scale of Rs.10000-325-15200. If any amount is surplus, that may be refunded to the Corporation. No order as to costs.