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High Court of Gujarat

NIMESHKUMAR KANTILAL BHATTversusTHE STATE OF GUJARAT

Decided
Disposal
58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

Holding

The Court held that the principle of stepping up applies, requiring the petitioners' pay to be raised to parity with their juniors, with arrears payable from 01‑01‑2006.

Summary

The petitioners, appointed as peons before 2006, were placed on a fixed salary that, after the 6th Pay Commission and a 2009 government resolution, resulted in a lower basic pay (Rs.7100) than their juniors who were appointed after 01‑01‑2006 and placed in a higher pay band. Invoking Article 226, they sought to have their pay stepped up to Rs.7730 in Pay‑Band 1, with arrears from 01‑01‑2006, arguing that the principle of "stepping up" under the Fundamental Rules should remove the anomaly. The Court relied on its earlier judgment in Special Civil Application No. 12207 of 2014 and on precedents such as Maganbhai Arjanbhai Vegda v. State of Gujarat, which affirmed that a senior employee cannot receive lower pay than a junior in the same cadre. It held that the stepping‑up principle applies when seniors and juniors belong to the same cadre and the junior’s pay is higher, mandating parity. Accordingly, the petition was allowed and the State was directed to adjust the petitioners’ salaries, pay arrears, and consequential benefits within the stipulated time‑frames.

Issues considered

  • The applicability of the "stepping up" principle to senior government employees whose pay is lower than that of juniors appointed after the 6th Pay Commission.
  • Whether the petitioners are similarly situated to the petitioners in Special Civil Application No. 12207 of 2014 for the purpose of extending the same relief.
  • Whether the State Government resolution of 27‑02‑2009 and subsequent pay revisions violate Article 14 of the Constitution.

Subjects

  • pay parity
  • stepping up
  • Article 14
  • Article 226
  • Gujarat
  • Sixth Pay Commission
  • salary anomaly
  • Fundamental Rules

Judgment

     C/SCA/16156/2025                              ORDER DATED: 19/01/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CIVIL APPLICATION NO.               16156 of 2025

=====================================================
          NIMESHKUMAR KANTILAL BHATT & ORS.
                        Versus
             THE STATE OF GUJARAT & ORS.
=====================================================
Appearance:
MR. R.D.KINARIWALA(6146) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,3,4,
5,6,7,8,9
MS DEVANSHI PATEL ASSISTANT GOVERNMENT PLEADER for
the Respondent(s) No. 1,2,3
=====================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                        Date : 19/01/2026

                            ORAL ORDER


1.   Rule      returnable   forthwith.       Ms.    Devanshi         Patel,
learned Assistant Government Pleader waives service
of notice of rule on behalf of respondent State.


2. The petitioners by way of this petition under
Article 226 of the Constitution of India pray for a
direction that the pay of the petitioners be put at
par with their juniors who are appointed or or after
01.01.2006 and to place the petitioners at the stage
of Rs.7730 in the pay band of Rs.5200-20200 (PB1)
with effect from 01.01.2006.


3. The petitioners were appointed on different dates


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     C/SCA/16156/2025                                            ORDER DATED: 19/01/2026




as a Peon and placed on a fixed salary of Rs.1500 for
a    period       of     five     years.       As      on     August        2005,          the
petitioners were in the pay- scale of Rs.4440-7440.
By the coming into force of the 6th Pay Commission,
their pay-scale came to be revised and implemented
with effect from 01.01.2006 and they were placed in
the pay-scale of Rs.5200-20200 with the grade pay of
Rs.1900. Thereafter, the State through the Finance
Department              came     out        with       a      resolution             dated
27.02.2009 by which the entry level pay was revised
with      effect         from        01.01.2006.            As      per       the     said
government resolution, the basic pay was fixed at
Rs.7730 with grade pay of Rs.1900 as a result of
which employees junior to the petitioners got more
basic pay than the petitioners.


4.     Learned          advocate       Mr.     Kinariwala              appearing            on
behalf       of     the        petitioners            would      submit        that         an
identical issue came up for consideration before this
court in Special Civil Application No. 12207 of 2014
and this Court allowed the petition and directed the
authority         to     step     up    the      pay       of     the     petitioners
therein by placing them at the pay band with arrears
from 01.01.2006 and to pay periodical rise and all
consequential benefits.


5. Admittedly, when it is a matter of record that the
petitioners were appointed much prior to the other
employees         junior        to     the    present            petitioners,              the
essential         ingredient           of    ‘stepping            up     of     pay’       in


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   C/SCA/16156/2025                         ORDER DATED: 19/01/2026




favour of the petitioners who were otherwise drawing
less pay in the basic of Rs.7100 would apply.


6. This Court in Special Civil Application No. 12207
of 2014 and allied matters has considered the very
issue and observed accordingly:-

                “20. Here in the present case also, the
                petitioners   were    appointed   prior   to
                January 01,2006 and their juniors were
                appointed on or after January 01, 2006,
                however, the pay in pay band of the
                juniors of the petitioners was fixed
                higher   than    that    of   the    present
                petitioners and, thus, there is apparent
                anomaly in the salary being paid to the
                petitioners as against their juniors.

                21. So far as the issue in question is
                concerned,    it    depends    upon    the
                applicability of the principle of stepping
                up. Admittedly, the petitioners had been
                appointed earlier to the category of
                Private Secretary, Grade-I, and some of
                their juniors got their pay fixed at a
                higher level than the petitioners on
                implementation of the Sixth Central Pay
                Commission in view of Rules, 2009. To
                remove the anomaly of a Government servant
                promoted or appointed to a higher post
                earlier drawing a lower rate of pay in
                that post than another Government servant
                junior to him in the lower grade and
                promoted or appointed subsequently to the
                higher post, the principle of stepping up
                of the pay is applied. In such cases the
                pay of the senior officer in the higher
                post is required to be stepped up to a
                figure equal to the pay as fixed for the
                junior officer in that higher post. The


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C/SCA/16156/2025                        ORDER DATED: 19/01/2026




             stepping up is required to be done with
             effect from the date of promotion or
             appointment of the junior officer. On
             refixation of the pay of the senior
             officer by applying the principle of
             stepping up, the next increment of the
             said officer would be drawn on completion
             of the requisite qualifying service with
             effect from the date of the refixation of
             pay. This principle becomes applicable
             when the junior officer and the senior
             officer belong to the same category and
             the post from which they have been
             promoted and in the promoted cadre the
             junior officer on being promoted later
             than the senior officer gets a higher pay.
             This being the principle of stepping up
             contained in the Fundamental Rules and
             admittedly the petitioners being seniors
             and having been appointed earlier than
             many of their juniors who were appointed
             later to the posts in question, the
             principle of stepping up should be made
             applicable to the petitioners with effect
             from the date their juniors in the same
             cadre get appointed and their pay was
             fixed at a higher slab than that of the
             petitioners. The stepping up should be
             done in such a way that the anomaly of
             juniors getting higher salary than the
             seniors in the same category would be
             removed and the pay of the seniors like
             the petitioners would be stepped up to a
             figure equal to the pay as fixed for their
             junior officers. In fact, such anomaly
             ought to have been removed at the end of
             the respondent- authority itself in view
             of the provisions of Rule 7(1)(A)(ii) as
             well as also taking into consideration
             Note 4 as enumerated in Rules, 2009.
             Hence, this Court is of the opinion that
             the impugned Government Resolution dated
             September 14, 2011, deserves to be read



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C/SCA/16156/2025                             ORDER DATED: 19/01/2026




             down insofar as it provides for the entry
             level pay of the employees appointed as
             fresh recruits on or after January 01,
             2006 in the Pay-band 2 (Rs.9300-34800),
             having   Grade   Pay   of   Rs.4600/-   at
             Rs.12540/-   and  having   Grade   Pay  of
             Rs.4400/- at Rs.10810/-, without taking
             into consideration the fact that the
             senior appointed prior to January 01,
             2006,   in   the  same   cadre   like  the
             petitioners are placed at the pay in pay
             band of and Rs.9300/- respectively and
             thereby, resulting into patent anomaly and
             discrimination. The question is answered
             accordingly.

             22. Reference is also required to be made
             of the decision of this Court rendered on
             November 28, 2011 in the case of Maganbhai
             Arjanbhai Vegda, etc. v. State of Gujarat
             and others, while dealing with Special
             Civil Application No.12541 of 2011 to
             Special Civil Application No.12598 of
             2011. It would be profitable to reproduce
             the relevant observations and findings of
             the said decision, which read as under :

                   12. However, the Government Resolution
                   dated    08.05.1970   of    the    Finance
                   Department with regard to pay fixation
                   and removal of anomaly was authorized by
                   clause prescribed in the method of
                   stepping    up   to   be   followed    and
                   conditions laid down therein may not be
                   fulfilled. The conditions enumerated in
                   para   3    of    the   said    Government
                   Resolution, read as under:

                   3. The method of stepping up' shall be
                   employee   subject  to   the  following
                   conditions,   all  of  which  must   be
                   satisfied:




                              Page 5 of 13
C/SCA/16156/2025                            ORDER DATED: 19/01/2026




                   [a] the Government Servants concerned
                   should belonging to the same cadre and
                   the posts in which they have been
                   promoted should be identical and in the
                   same cadre;

                   [b] The time-scale of the pay of the
                   lower and higher posts in which they are
                   entitled   to   draw   pay   should   be
                   identical.

                   [c] But for his promotion to post
                   earliest    the    Government    Servant
                   concerned would have been eligible to
                   draw pay in the lower post, at a stage
                   not lower than that admissible to the
                   Junior person immediately prior to the
                   latter's promotion to highest post;

                   [d] The anomaly is directly attributable
                   to the provision of the Government
                   Resolution, Finance Department No.Pay-
                   1264/463, dated the 5th January, 1965.
                   The   above   conditions   reveal   that
                   Government servants concerned should
                   belong to the same cadre and the posts
                   in which they have been promoted should
                   be identical and in the same cadre and
                   time scale of the pay of the lower and
                   higher posts in which they are entitled
                   to draw pay should be identical.

                   13.The above two conditions viz. 3(a)
                   and (b) if read together with the
                   purpose of issuing the said Government
                   Resolution are to remove heartburning
                   and   dissatisfaction   amongst   senior
                   employees, who are receiving lower pay
                   scale than the juniors or at least in
                   the same pay scale as given to the
                   juniors. The facts of the case would
                   reveal that merger of two cadres was
                   effected to remove anomalies pursuant to



                             Page 6 of 13
C/SCA/16156/2025                            ORDER DATED: 19/01/2026




                   the directions given by the High Court
                   in earlier round of litigation and
                   Government Resolution of 10.10.2007 was
                   issued. However, clause Nos.6 & 7 of the
                   said Government Resolution instead of
                   removing anomaly has complicated the pay
                   band   receivable   by  the  petitioners
                   discriminating them and the very purpose
                   of removing heart burning is frustrated.
                   If the above Government Resolution is
                   seen in the context of Revision of Pay
                   Scale   Rules,    1998  and   subsequent
                   revision of rules it transpires that
                   clause 6 of Government Resolution dated
                   10.10.2007 is contrary to condition No.4
                   of the Government Resolution and also
                   conditions    Nos.3(13)  of   Government
                   Resolution dated 16.08.1994. In case of
                   Gurcharan Singh Grewal in paras 17 and
                   18 of the said judgment held as under:

                   17. Something may be said with regard to
                   Mr. Chhabra's submissions about the
                   difference in increment in the scales in
                   which Appellant 1 and Shri Shori are
                   placed, but the same is still contrary
                   to the settled principle of law that a
                   senior cannot be paid a lesser salary
                   than his junior. In such circumstances,
                   even if there was a difference in the
                   incremental benefits in the scale given
                   to Appellant 1 and the scale given to
                   Shri Shori, such anomaly should not have
                   been allowed to continue and ought to
                   have been rectified so that the pay of
                   Appellant 1 was also stepped up to that
                   of Shri Shori, as appears to have been
                   done in the case of Appellant 2.

                   18.   We  are  unable to  accept  the
                   reasoning of the High Court in this
                   regard or the submissions made in
                   support thereof by Mr. Chhabra, since



                             Page 7 of 13
C/SCA/16156/2025                             ORDER DATED: 19/01/2026




                   the very object to be achieved is to
                   bring the pay scale of Appellant 1 on a
                   par with that of his junior. We are
                   clearly   of   the   opinion  that  the
                   reasoning   of   the   High  Court  was
                   erroneous and Appellant 1 was also
                   entitled to the same benefit of pay
                   parity with Shri Shori as has been
                   granted to Appellant 2.

                   14. That similar was the case decided by
                   the Division Bench of this Court when
                   the Laboratory Assistants working under
                   the Directorate of Higher Education,
                   Directorate of Technical Education and
                   non-government colleges affiliated to
                   the   Gujarat   University   were   denied
                   parity in the pay scale and wages.
                   Relying on doctrine of equal pay for
                   equal work, the Division Bench directed
                   the State authorities to treat Lab
                   Assistant    of    non-grant    Government
                   colleges at par with Lab Assistants of
                   Directorate of Higher Education working
                   with Government Department. However, the
                   case of the petitioners herein is on a
                   better footing inasmuch as they are
                   working under the same directorate and
                   there is no dispute about merger of post
                   and cadre on which they are now working
                   and receiving less salary than their
                   juniors. Such discrimination on the face
                   of it is violative of Article 14 of the
                   Constitution of India and respondents
                   are duty- bound to give the pay scale of
                   the   petitioner    at  par   with   those
                   employees   who    are   junior   to   the
                   petitioners working on the same cadre
                   and post. Even seniority list relied and
                   placed on record by the petitioners is
                   also not in dispute. The aforesaid
                   decision was also confirmed by the
                   Division Bench of this Court vide order



                              Page 8 of 13
C/SCA/16156/2025                            ORDER DATED: 19/01/2026




                   dated January 08, 2013 while dealing
                   with Letters Patent Appeal No.1349 of
                   2012 preferred by the State of Gujarat.
                   It would be beneficial to regurgitate
                   the relevant observations and findings
                   of the said decision, which read as
                   under:

                   4. As such, it is not a matter where the
                   parity in the pay-scale is to be
                   considered between two separate and
                   independent cadres which normally is to
                   be considered and examined by the expert
                   body. But in the present case, the
                   question to be considered as considered
                   by the learned Single Judge was for
                   stepping up of the pay-scale on account
                   of circumstance that the junior to the
                   petitioner due to revision in the pay-
                   scale has been granted higher pay-scale
                   or junior to the petitioner has been
                   found entitled for higher pay- scale,
                   which should be granted to petitioner.
                   Further, the entitlement of stepping up
                   of the pay- scale is within the same
                   cadre and same post and not in different
                   post of different cadre.

                   5.It is an admitted position         that
                   Shri.M.N.Chauhan   is   junior   to   the
                   petitioner. It is also an admitted
                   position that he has been granted higher
                   pay-scale of Foreman after revision from
                   1996 since he had completed 9 years of
                   service after whereas in case of the
                   petitioner they were granted higher pay-
                   scale   for  the   post   of   Supervisor
                   Instructor on 02.03.1993 with effect
                   from 01.06.1987.

                   6.It is also an admitted position that
                   in the revision of pay-scale of 1996,
                   the pay-scale for the post of Craft



                             Page 9 of 13
C/SCA/16156/2025                             ORDER DATED: 19/01/2026




                   Instructor (which was lower post) and
                   the post of Supervisor Instructor has
                   been merged and one pay- scale is fixed
                   i.e.    1400-      2300.   Under    this
                   circumstance, the only higher pay-scale,
                   if any, employee is to receive would be
                   to the post of Foreman if considered
                   eligible and granted after 01.01.1996.
                   It is not case of the appellant that
                   Shri.M.N.Chauhan-junior      to      the
                   petitioner has been wrongly granted
                   higher pay- scale of Foreman from the
                   post of Supervisor Instructor but the
                   contentions are that since the benefit
                   of higher pay- scale already granted
                   prior 01.01.1996 is not to be reopened
                   and it is to be deemed that the higher
                   pay-scale is already granted to the
                   petitioner   prior    to 01.01.1996  and
                   second time higher pay- scale would not
                   be available.

                   7.The contention may prima-facie appear
                   to   be  attractive,   but   upon   close
                   scrutiny, it appears that it is not a
                   matter of granting of higher pay- scale,
                   but it is a matter of stepping up of the
                   pay- scale on account of circumstance
                   that the junior is drawing higher pay-
                   scale in comparison to the senior. As
                   per the Government Resolution dated
                   10.10.2007, in the clause no.5, stepping
                   up   is  made   permissible.   Therefore,
                   Clause No.5 would be applicable in the
                   present case and not Clause No.6 as
                   sought to be canvassed on behalf of the
                   appellant, since, it is not for grant of
                   higher pay- scale, but is of stepping up
                   of pay-scale on account of circumstance
                   that the juniors were drawing higher
                   pay-scale in comparison to the seniors.
                   The decision of the Apex Court upon
                   which reliance    has been placed by



                             Page 10 of 13
C/SCA/16156/2025                              ORDER DATED: 19/01/2026




                   learned Government Pleader Mr.P.K.Jani
                   is ill-founded inasmuch as in both the
                   cases,    the    Apex    Court     was    not
                   considering the issue of stepping up of
                   the pay-scale on account of juniors
                   receiving higher pay-scale. Moreover,
                   the entitlement of the junior for higher
                   pay- scale is not under question or
                   under    challenge      in     the     preset
                   proceedings nor it is the stand of the
                   State Government that the juniors were
                   granted    higher     pay-scale      wrongly.
                   Therefore,    we   find    that    both   the
                   decisions   are    of   no   help    of   the
                   appellant. The Division Bench relying
                   upon the decision of the Apex Court held
                   as to how stepping up is a means for
                   those sailing in the same cadre.

             23. On a conspectus of the legal                           and
             factual scenario discussed above,                          the
             following order is passed :

             1.All the petitions are hereby allowed.

             2.Insofar as the petitioners of Special
             Civil Application No.12207 of 2014 are
             concerned, the respondent-authority is
             directed to step up their pay by placing
             them at Rs.12,540/- in the Pay-band of
             Rs.9300-34800 (PB-2) as prayed for, with
             arrears from January 01, 2006 and to pay
             periodical rise and with all consequential
             benefits.

             3.So far as the petitioners of Special
             Civil Application Nos.18619 of 2014, 2965
             of 2015 and 4716 of 2015 are concerned,
             the respondent-authority is directed to
             step up the pay of the petitioners by
             placing them at Rs.10,810/- in the Pay-
             band of Rs.9300- 34800 (PB- 2) as prayed
             for, with arrears from January 01, 2006



                              Page 11 of 13
   C/SCA/16156/2025                                       ORDER DATED: 19/01/2026




                and to pay periodical rise and with all
                consequential benefits.

                4.The pay of the petitioners in the
                respective pay- scales be calculated and
                accordingly, they be paid such amounts on
                regular    basis.    Such   exercise    of
                calculation of pay of the petitioners be
                completed within a period of three months
                from today. Insofar as the amount of
                arrears is concerned, the petitioners be
                paid the same within a period of three
                months from the date of receipt of a copy
                of this order with interest at the rate of
                9% per annum from the date of their
                entitlement.

                Rule is made absolute accordingly. There
                shall be, however, no order as to costs.”


7. At this stage, while it would appear that the
above    observations          of     this      Court     would       cover         the
issue    in    question,         yet,      learned      AGP     Ms.      Devanshi
Patel would submit that since there are around 24
petitioners who have served in various districts of
the State of Gujarat, some leeway may be given to the
State to verify the aspect of applicability of the
decision of this Court qua the present petitioners.
To this Court, it would appear that the State would
definitely        be    entitled        to     verify      only      a    limited
aspect as to whether the petitioners are similarly
situated        to      the    petitioners           of      Special          Civil
Application           No.12207/2014          and    allied       matters            and
whereas,        upon      such      verification            being        in         the
positive, the benefit accrued in favour of the said
petitioners           should   also       accrue     in     favour        of        the


                                    Page 12 of 13
       C/SCA/16156/2025                                                          ORDER DATED: 19/01/2026




present petitioners.


8. In view of the above, the petition also deserves
to be allowed and is accordingly allowed. The State
is at liberty to verify as to whether the petitioners
are identically / similarly situated to petitioners
of Special Civil Application No.12207/2014. Upon such
verification being in the positive, the respondents
are directed to step up the pay of the petitioners at
the stage of Rs.7730 in the pay band of Rs.5200-
20200           with         effect            from          01.01.2006                 and         pay        all
consequential benefits in light of the revision of
pay accordingly. The entire exercise to be completed
within a period of 16 weeks from the date of receipt
of the writ of the order of this Court. Rule is made
absolute. Direct service is permitted.

                                                                            (NIRZAR S. DESAI,J)


Pallavi

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 19/01/2026 18:14:49




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