Holding

The Court held that a promotion channel from Junior Scientific Assistant to Senior Scientific Assistant existed before the 2011 recruitment rules, making the petitioners entitled to the first higher pay scale of the SSA post, and that the AMC’s denial violated Articles 14 and 16 of the Constitution.

Summary

The petitioners, appointed as Junior Scientific Assistants (JSA) between 1979‑1989, claimed entitlement to the higher pay scale of the next promotional post – Senior Scientific Assistant (SSA) – after nine years of service, based on AMC’s circular of 13‑05‑2002 and a 1994 government resolution. Although some petitioners were promoted to SSA in 2006 and 2010, the AMC granted them a lower higher‑pay scale (Rs 5500‑9000) citing the absence of a promotion channel before the 2011 recruitment rules. The petitioners argued that promotion to SSA existed earlier, supported by departmental notes and representations, and that the AMC’s refusal violated Articles 14, 16 and 226 of the Constitution. The Court examined the AMC’s circulars, finance department notes, and prior promotions, concluding that a promotion avenue from JSA to SSA did exist prior to the 2011 rules. Consequently, the petitioners were entitled to the first higher pay scale of the SSA post, and the AMC’s denial was unlawful. The impugned communication of 09‑03‑2017 was quashed, and the AMC was directed to pay the differential amount with interest.

Issues considered

Whether any promotion from the post of Junior Scientific Assistant to Senior Scientific Assistant existed prior to the Recruitment Rules of the AMC coming into force on 17‑08‑2011?
Whether, on the facts, the petitioners are entitled to the first higher pay scale of the Senior Scientific Assistant post, either from 01‑04‑1992 or upon completion of nine years of service as Junior Scientific Assistant?

Subjects

promotionhigher pay scaleadministrative lawconstitutional lawArticles 14, 16, 226recruitment rulesretrospective benefitpublic service employment

Judgment

C/SCA/11062/2017 CAV JUDGMENT DATED: 05/01/2026

Reserved On : 23/12/2025
Pronounced On : 05/01/2026

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 11062 of 2017

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J.SHELAT
=============================================

Approved for Reporting Yes No
√
=============================================
HITESHCHANDRA M BHATT & ORS.
Versus
AHMEDABAD MUNICIPAL CORPORATION
=============================================
Appearance:
MR YOGEN N PANDYA(5766) for the Petitioner(s) No.
1,10,11,2,3,4,5,6,7,8,9
MR HS MUNSHAW(495) for the Respondent(s) No. 1
=============================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

CAV JUDGMENT

1. The present writ petition is filed under Articles 14, 16
and 226 of the Constitution of India, seeking the following
reliefs :

“(A) Your Lordships may be pleased to admit and allow this petition;

(B) Your Lordships may further be pleased to issue a writ of mandamus /
certiorari or any other appropriate writ in the nature of mandamus / certiorari
quashing and setting aside the impugned communication dated 09.03.2017
passed by the respondent Corporation and be further pleased to direct the
respondent Corporation that since the post of Senior Scientific Assistant is a
promotional post according to the Recruitment Rules of the respondent
Corporation and the petitioners are entitled for the post of Senior Scientific
Assistant or higher pay scale of Rs. 2000-3200 as per the Circular No. 6,
dated 13.05.2002 of the respondent Corporation from 01.04.1992, Your

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Lordships may further be pleased to direct the respondent Corporation to
grant the higher pay scale of Rs. 2000-3200, and not Rs. 1640-2900, to the
petitioners, in the interest of justice.

(C) Your Lordships may also be pleased to direct the respondent Corporation
to grant the Higher Pay Scale of Rs. 2000-3200 to the petitioners as per the
Circular No. PGR/1194-44-5, dated 16.08.1994 and as per Award Part-15 of
the learned Arbitrator Shri G. S. Barot and as per the order of the Hon'ble
High Court in Special Civil Application No. 9949 of 1993 and as per the
policy adopted by the respondent Corporation from 01.04.1992 and further be
pleased to direct the respondent Corporation to pay the amount of difference
from 01.04.1992 with all consequential benefits to the petitioners, along with
the interest at the rate of 12% p.a.”

BRIEF FACTS OF THE CASE :

2. All the petitioners were appointed as Junior Scientific
Assistants (hereinafter referred to as “JSA”) with the
respondent- Ahmedabad Municipal Corporation (hereinafter
referred to as “the AMC”) between the years 1979 and 1989,
respectively.

2.1 As per the case of the petitioners, the next
promotional post available to them would be the post of
Senior Scientific Assistant (hereinafter referred to as “SSA”),
but except petitioner Nos.1, 2, and 5, others had not been
promoted to the said post.

2.2 The AMC, vide its circular dated 13.05.2002, adopted
the policy of the State of Gujarat dated 16.08.1994, whereby
it agreed to give benefit of the higher pay scale to its
employees. It appears that the AMC has given effect of
granting the higher pay scale from 01.04.1992 and its
implementation date fixed on 01.04.2002.

2.3 According to the case of the petitioners, in view of the
said circular, on the completion of nine years of service in

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the post of JSA, they are entitled to receive the pay scale of
SSA, i.e., the next immediate promotional post.

2.4 The AMC appears not to have granted the higher pay
scale to the petitioners then prevailing for the post of SSA,
i.e., Rs. 6500-10500/-, which corresponds to the pay scale
of Rs. 2000-3200/-; rather granted the higher pay scale of
Rs. 5500-9000/, which corresponds to the pay scale of
1640-2900/. The basis for not granting such higher pay
scale was a departmental note of the Central Laboratory
wherein the petitioners were working, it opined that there is
no promotion available to JSA. So, considering the said
departmental note, the AMC although granted a higher pay
scale of Rs. 5500-9000/- to the petitioners, instead of Rs.
6500-10500/- (corresponding to Rs. 1640-2900/-, instead
of Rs. 2000-3200/-, respectively).

2.5 The petitioners appear to have submitted their
detailed representation dated 06.02.2003 to AMC, thereby
pointed out that, in the past, the post of SSA and like other
senior posts in the Central Laboratory were filled through
promotion from the post of JSA and like. The petitioners
have placed reliance upon the AMC Manual, Part-I,
Regulation and Delegation of Power, Chapter-8, General
Conditions of Service, Serial No.17, Procedure for
Regulating Promotion. They have also referred to AMC
Manual-III, wherein the administrative policy and its Order
No.266 relate to the Engineering Department, wherein
employees referred in the representation serving in the
Central Laboratory considered as officers. It was submitted

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that as per hierarchy, the post of JSA is not isolated post as
the next promotional avenue from the post of JSA is SSA.
There are certain instances also cited in the said
representation, wherein the petitioners submitted that
promotion from the post of JSA is available to the post of
SSA. Accordingly, they claimed to grant them higher pay
scale of Rs.6500-10500/-, instead of Rs.5500-9000/-.

2.6 The Finance Department of AMC appears to have
taken note of such representation vide its departmental note
dated 31.05.2007 and having found substance in it,
recommended to grant the benefit of the higher pay scale of
Rs.6500-10500/-, instead of Rs.5500-9000/- to the
petitioners. The said departmental note of AMC also referred
that in the year 2006, more particularly on 22.03.2006, two
JSAs were promoted to the post of SSA (petitioner No.1 & 2
herein) and granted the pay scale of Rs.6500-10500/- as
applicable to the post of SSA. So, to remove the anomaly, it
recommended to grant the same higher pay scale to the
petitioners.

2.7 As no decision was taken by the competent authority
of AMC in regard to the claim of the petitioners, at the
relevant point of time, the petitioners had approached this
Court by way of Special Civil Application No.5801 of 2010.
This Court, vide its order dated 07.05.2010, directed AMC
to consider the case of the petitioners by taking into
account the aforesaid departmental notes dated 31.05.2007
and 21.01.2008, respectively.

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2.8 After considering the aforesaid order, vide its Finance
Department note dated 26.08.2010, it was noted that as per
the decision of the Standing Committee of AMC dated
18.08.2010, Recruitment Rules are to be framed, whereby
existing Recruitment Rules for the posts of JSA and SSA
would be changed and the Municipal Commissioner is given
power to frame such rules of recruitment and initiate
requisite procedure for the same. Accordingly, all posts of
JSA shall be filled up by way of advertisement (direct
recruitment); whereas, out of two posts of SSA, one post
shall be filled in by way of promotion and the other shall be
filled in by way of direct recruitment by the advertisement.
So, on implementation of the aforesaid procedure, it was
recommended by the Finance Department of AMC to give
the effect of the higher pay scale of Rs.6500-10500/- to the
petitioners with retrospective effect.

2.9 It is not in dispute that petitioner Nos.1 and 2 had
been promoted to the post of SSA on 22.03.2006, as
referred to in the aforesaid Finance Department note dated
31.05.2007. Whereas, petitioner No.5 was also promoted in
the year 2010. It is not in dispute that Recruitment Rules
came into effect on 17.08.2011. The Chief Accountant (In-
charge) of AMC, vide his letter dated 01.09.2010, rejected
the claim of the petitioners, which gave rise to filing of
another writ petition by the petitioners, being Special Civil
Application No.14459 of 2010. This Court, vide its oral
judgment dated 29.07.2016, again directed the Municipal
Commissioner of AMC to consider all relevant material on
the record, including the pleadings of the parties and decide

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a fresh the claim of the petitioners at the earliest.

2.10 Thereafter also, the petitioners, vide their
representation dated 24.01.2017, requested AMC to grant
the benefit of the higher pay scale as available to the post of
SSA on completion of their nine years of service to the post
of JSA. The competent authority of AMC, vide its impugned
decision dated 09.03.2017, again rejected the claim of the
petitioners, whereby it did not grant the benefit of the
higher pay scale to the petitioners as demanded. Again, the
basis for denying this benefit is the fact that no promotional
posts available to JSA at the relevant point of time. On the
framing of the Recruitment Rules on 17.08.2011, whereby,
out of two posts of SSA, one post is to be filled by way of
promotion. Consequently, the benefit of the higher pay scale
may be granted from the said date, but not prior to it.

2.11 Being dissatisfied with the decision of AMC, the
petitioners have approached this Court by way of this
petition. Most of the petitioners have already retired from
their services and are receiving pension.

SUBMISSIONS OF THE PETITIONERS :

3. Mr. Yogen Pandya, learned advocate for the petitioners,
submitted as follows:

3.1 All the petitioners who have served for more than nine
years in the post of JSA are entitled to the first higher pay
scale applicable to the post of SSA, i.e., the next immediate

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promotional post available to them. It is submitted that, as
per the undisputed facts, petitioner Nos.1, 2, and 5 were
promoted to the post of SSA in the year 2006 and 2010,
respectively and at that point of time, the Recruitment
Rules, 2011 were not in existence.

3.2 It is submitted that, as per the detailed representation
dated 06.02.2003 of the petitioners, in the past, the AMC
promoted persons served in the post of JSA to the post of
SSA. It is also submitted that as per the Manual of AMC
referred in the said representation of the petitioners, a
promotional exercise from the post of JSA to SSA was
undertaken by the AMC. It is further submitted that if there
were no rules available to give promotion from the post of
JSA to SSA, how the petitioner Nos.1, 2 and 5 could have
been promoted, as aforesaid. It is further submitted that the
Finance Department note dated 26.08.2010 only referred to
the change of existing rules in the year 2010, whereby new
Recruitment Rules came into force on 17.08.2011.
Accordingly, now, out of two posts of SSA, one post shall be
filled up by way of promotion from the post of JSA.

3.3 It is further submitted that in the absence of any
rules, petitioner Nos.1, 2, and 5 could not have been
promoted in the year 2006 and 2010 respectively, and so
also in the past, as per the instances cited in the aforesaid
representation dated 06.02.2003, the AMC could not have
given promotion from JSA to the post of SSA. It is further
submitted that the Finance Department note dated
31.05.2007 is very much clear, suggesting to grant the

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higher pay scale of Rs.6500-10500/-, instead of Rs.5500-
9000/-, whereby the anomaly prevailing between employees
can be removed.

3.4 It is further submitted that despite directions issued
by this Court to consider the pleadings and relevant
material on record, the Municipal Commissioner of AMC
failed to take note of the said material/pleadings of the
petitioners and acted in an arbitrary manner. It is
submitted that if the aforesaid material and representation
of the petitioners were duly considered by the Municipal
Commissioner, all petitioners would have been granted their
legitimate benefit of the first higher pay scale on completion
of their nine years of service to the post of JSA.

3.5 It is lastly submitted that the judgment dated
12.10.2001 of this Court passed in Special Civil Application
No. 9949 of 1993 is not considered in its correct perspective
and thereby the respondent- AMC has violated the
fundamental rights of the petitioners by not granting the
benefit of the actual higher pay scale from the date on
which they are entitled to receive it, as per its circular.

3.6 Making the above submissions, Mr. Pandya, learned
advocate for the petitioners, prays that this Court may allow
the present petition.

SUBMISSIONS OF THE RESPONDENTS :

4. Per contra, Mr. H. S. Munshaw, learned advocate for
the respondent, has submitted as follows:

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4.1 The AMC is a statutory authority who adopted the
Government Resolution dated 16.08.1994, thereby agreed to
grant the benefit of the higher pay scale to its employees,
albeit w.e.f. 01.04.1992 and to be implemented from
01.04.2002. The claim of the petitioners to give them the
first higher pay scale as available to the post of SSA is
unjustified and not maintainable, inasmuch as, at the
relevant point of time, no promotion was available to
petitioners working on the post of JSA to SSA. So, as per
Schedule-I of the circular dated 13.05.2002 issued by the
AMC, considering the post of JSA as non-promotional post,
accordingly, petitioners were granted the benefit of the
higher pay scale.

4.2 It is submitted that in the absence of any promotion
rules, the petitioners would not be ipso facto entitled to
receive the benefit of the higher pay scale to the post of SSA.
It is further submitted that for the first time, Recruitment
Rules were framed by the AMC in the year 2010-11 and
came into force w.e.f. 17.08.2011. Therefore, the benefit of
the higher pay scale to the petitioners as claimed with
retrospective effect cannot be granted.

4.3 It is further submitted that after coming into force of
the Recruitment Rules in the year 2011, out of two posts of
SSA, one post shall be filled in by way of promotion from the
post of JSA and then after, the petitioners were entitled to
receive the benefit of the higher pay scale of such post and
not prior to it. It is further submitted that due to
administrative exigencies, petitioner Nos.1, 2 and 5, as the

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case may be, promoted to the post of SSA in the year 2006
and 2010, respectively, which would not ipso facto entitle
the petitioners to claim the benefit of the higher pay scale of
the post of SSA upon completion of their nine years of
service to the post of JSA. It is further submitted that on
reviewing its decision as directed by this Court vide its order
dated 17.11.2025, the Municipal Commissioner - competent
authority of AMC, again came to the conclusion that the
petitioners cannot be granted the benefit of the higher pay
scale as claimed with retrospective effect.

4.4 So, the respondent - AMC well within its right to grant
the benefit of the higher pay scale to all petitioners as per
its policy and circular dated 13.05.2002 and thereby has
not committed any illegality as claimed by the petitioners.
As such, there is no merit in the claim of the petitioners.

4.5 Making the above submissions, Mr. Munshaw, learned
advocate for the respondent, requests this Court to dismiss
the present petition.

POINT FOR DETERMINATION :

5. Having heard the learned advocates for the respective
parties and after going through their respective pleadings
and documents, the following issues are germane for my
consideration:

(I) Whether, any promotion from the post of JSA to the
post of SSA was in existence prior to the

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Recruitment Rules of the AMC came into force
w.e.f. 17.08.2011?

(II) Whether, under the facts and circumstances of the
case, the petitioners are entitled to the first higher
pay scale as claimed, either from 01.04.1992 or
upon completion of their nine years of service in
the post of JSA, as the case may be?

ANALYSIS :

POINT NO.(I):

6. The facts which have been observed hereinabove are
not in dispute. All the petitioners were appointed to the post
of JSA from the year 1979 to 1989, respectively; petitioner
Nos.1, 2 and 5 were subsequently promoted to the post of
SSA in the years 2006 and 2010, respectively. The AMC
decided to implement the Government Resolution dated
16.08.1994 vide its circular dated 13.05.2002, whereby it
accepted to grant the benefit of the higher pay scale to its
employees. Such benefit of the higher pay scale is
considered w.e.f. 01.04.1992, but its implementation date is
fixed as 01.04.2002. As per Clause 3.1 of the said circular
dated 13.05.2002, the first higher pay scale means the pay
scale of the next immediate promotional post shown in
Schedule-I.

6.1 As per the petitioners’ case, the next promotion
available to them was of SSA and accordingly, they claimed
the higher pay scale of Rs.6500-10500/ (corresponds to

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Rs.2000-3200/-), instead of Rs.5500-9000/ (corresponds to
Rs.1640-2900/-) considered by the AMC. Whereas, as per
respondent - AMC, at the relevant point of time, no
promotion was available to the petitioners from the post of
JSA to SSA. The AMC appears to have considered Clause
6.4 of the said circular dated 13.05.2002 read with the
Government Resolution dated 16.08.1994, thereby, treated
the petitioners served on non-promotional post, i.e., an
isolated post. Consequently, they have been granted the
higher pay scale which was shown in Schedule-I against
their existing pay scale. Thus, the AMC granted the higher
pay scale of Rs.5500-9000/ (Rs.1640-2900/-), instead of
Rs. 6500-10500/ (Rs.2000-3200/-).

7. It has remained undisputed on record that in the years
2006 and 2010, respectively, petitioner Nos.1, 2 and 5 were
promoted as SSA and granted the pay scale of SSA. The
AMC’s Finance Department note dated 31.05.2007 took said
fact into account and suggested to grant similar benefit to
all petitioners as vacant posts of SSA were filled up through
promotion from the post of JSA. The said anomaly in
granting different higher pay scale arose due to the remarks
of the departmental head of the Central Laboratory, who
opined that there is no promotion available to JSA. On
getting the said opinion, the Finance Department, at the
relevant point of time, not granted the complete benefit of
the higher pay scale to petitioners having considered their
post (JSA) as a non-promotional channel, i.e., an isolated
post. Thus, instead of granting the actual higher pay scale
then prevailing for the post of SSA, i.e. Rs. 6500-10500/-

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(Rs.2000-3200/-), the AMC considered and granted higher
pay scale of Rs. 5500-9000/- (Rs.1640-2900/-), as per
Schedule-I of the said circular dated 13.05.2002.

8. As can be seen from the pleadings of the parties, the
first representation dated 06.02.2003 of the petitioners and
also the Finance Department note dated 31.05.2007 of the
AMC, there was a promotional avenue available from the
post of JSA to the post of SSA. Had there been no such
policy or rules of the AMC in place prior to 17.08.2011
(Rules brought by the AMC), neither petitioner Nos.1, 2 and
5 nor other employees (reference - the petitioners’
representation dated 06.02.2003) could have been promoted
to the post of SSA from JSA.

9. The petitioners have referred to the AMC Manual, Part-
I, Regulation and Delegation of Power, Chapter-8, General
Conditions of Service, Serial No.17, Procedure for
Regulating Promotion, in their representation dated
06.02.2003. They have also referred to AMC Manual-3,
which relates to administrative policy and its Order No.226
relates to employees serving in the Central Laboratory in the
Engineering Department shown as officers. The hierarchy
shows that the next higher post from the post of JSA would
be SSA. This aspect was completely lost sight of by the
Municipal Commissioner of the AMC; rather overlooked,
who was directed by this Court to consider the case of the
petitioners after taking into consideration all relevant
materials on record, including the pleadings of the parties.

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10. In light of the aforesaid, when this Court confronted
Mr. Munshaw, learned advocate for the respondent and in
fact, directed the Municipal Commissioner of the AMC to
review its decision, none of them were able to give any clear
answer to the query of the Court. One Mr. Amish Shah,
Chief Accountant of the respondent -AMC, was present
before this Court on 19.12.2025 and had shown the copy of
GDEST/H/4261 dated 22.03.2006 issued by the Central
Office of the AMC. The said resolution of the AMC clearly
indicates that as per the decision dated 16.03.2006 of the
Departmental Promotion Committee (DPC), petitioner Nos.1
and 2 promoted to the post of SSA from JSA. The aforesaid
resolution dated 22.03.2006 of the respondent - AMC is
hereby taken on record.

11. At this stage, it would be apt to reproduce the
aforesaid note of Finance department of the AMC dated
31.05.2007 and 26.08.2010, respectively, which in fact
reproduced by the co-ordinate bench of this Court (Hon’ble
Mr. Justice J.B.Pardiwala, his lordship then was) in its oral
judgement dated 29.07.2016 passed in R/SCA/14459/2010
would read thus:

Note dated: 31.05.2007
“ To,
The Municipal Commissioner,

An application of Junior Scientific Assistant seeking Higher Pay
Scale to the grade of promotional post of the Senior Scientific
Assistant of the Central Laboratory is enclosed herewith.

Ahmedabad Municipal Corporation has adopted policy to pay Higher
pay Scale to the employee. And accordingly, pay fixation of the
employees entitled for the Higher Pay Scale have been done.

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Promotion Channel, Non-Promotion Channel and in addition to it
opinion of the Head of the Department have been taken under
consideration at the time of granting Higher Pay Scale to the
Municipal employees. At the time of fixation of Higher Pay Scale of
the employees of the Central Laboratory, Officer of the Central
Laboratory had opined in written on 08.01.2003 that “Junior
Scientific Officer have not being promoted.” So, Higher Pay Scale of
grade of Rs.5500-9000 as per schedule has been given
to the Junior Scientific Assistant performing duties in the grade of
Rs.4500-7000/-.

Junior Scientific Assistants performing duties in the grade of
Rs.4500-7000/- have been appointed on the promotional post of the
Senior Scientific Assistant having grade of Rs.6500-10500 as per the
decision of the Departmental Promotion committee, dated
16.03.2006. Perusing Resolution bearing number-GDEST/H/4261,
dated 22.03.2006 issued by the Central Office enclosed with an
application.

Considering all above-mentioned aspects carefully, fixation of pay
scale was done (Non-Promotion Channel) as per schedule on the
basis of report submitted by the Departmental Officer when fixation
of Higher pay Scale was done by the Finance Department.
Considering Perusing Resolution bearing number-GDEST/H/4261,
dated 22.03.2006 vacant posts of the Central Laboratory have been
filled up by the promotion. So, the Junior Scientific Assistants
performing duties in the grade of Rs.4500-7000/- has to be given
grade of Rs.6500-10500/- of the Senior Scientific Assistant. So, as to
avoid discrepancy.

Submission of the applicants has been found true. And it is
requested to grant approval for fixation of Higher Pay Scale on the
basis of seniority after examining documents and submission
received from the Departmental Officer at the beginning and the
submissions of the applicants.

Sd/-illegible Deputy Municipal Commissioner
Chief Accountant(I/C)

(Finance)”

Note Dated : 26.08.2010

“To,
The Municipal Commissioner,

Pay Scale of Rs.5500/9000 in Higher Pay Scale has been given to
the Junior Scientific Assistant performing duties with the Central
Laboratory Department against grade of Rs.4500-7000/-

Junior Scientific Assistant performing duties with the Central
Laboratory Department had preferred Special Civil Application

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number 5801/2010 seeking Higher Pay Scale in the grade of
(Rs.6500-10500) of promotional post of Senior Scientific Assistant.
Pursuant to it detailed report has been submitted before you and
following approval has been given by you.

1. To initiate procedure by the Central Office to frame Recruitment
Rules for the post of Junior Scientific Assistant.

2. To maintain status quo until rules be framed.

Sanctioned is being granted subject to grant approval to the
Municipal Commissioner by the Municipal Corporation to initiate
requisite procedure and to frame rules of recruitment as informed by
the Municipal Commissioner by altering existing rules of
recruitment of the post of Junior Scientific Assistant and Senior
Scientific Assistant pursuant to Resolution number-899, dated
18.08.2010 for framing of recruitment rules. Accordingly, post of the
Junior Scientific shall be filled up by way of 100% advertisement
while out of 02 posts of Senior Scientific Assistant, one post shall be
filled up by way of promotion entirely and other post shall be filled
up by direct recruitment by advertisement.

Procedure shall have to be initiated within -3 months according to the
order passed by the Hon’ble High Court of Gujarat dated 11.05.2010
and recommendation of the Deputy Municipal Commissioner
(Finance) dated 31.05.2007 and 21.01.2008

Recommendations of the Deputy Municipal Commissioner are as
under.

“Firstly R.R. To be fixed for by the Central Office.
Junior Assistant may get Higher Pay Scale as
per (A) (of Scheduled Caste – Rs.5500/9000-00
grade against Rs.4500/7000 grade) and (B)
grade has to be given in case of substantiating
post by promotion (grade of Rs.6500/10500
against the grade of Rs.4500/7000) So, decision
can be taken accordingly to (A)/(B) after
deciding it.”

Thus, at prese nt the Standing Committee has framed
the Recruitment Rules and so, Higher Pay Scale has to be given as
per the grade of Rs.6500/10500 against the grade of
Rs.4500/7000 . According to the recommendation – (B) of the Deputy
Municipal Commissioner (Finance) dated 21.01.2008.

Please take note of it and,

It is requested to grant approval of Higher Pay Scale as
per the grade of Rs.6500/10500 against the grade of Rs.4500/7000
Rs. To the applicant included in the Special Civil Application
No.5801/2010 as the Municipal Corporation has accepted benefit of
9/18/27 w.e.f. 01.04.1992 with retrospective effect.”

(emphasis supplied)

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12. Having considered the aforesaid facts and documents
which are made available on the record of this case
including the said department notes, these would clearly
indicate that even prior to said Rules coming into force
w.e.f. 17.08.2011, a promotional avenue was available from
the post of JSA to that of SSA; otherwise, petitioner Nos.1, 2
and 5 could not have been promoted to the post of SSA from
JSA.

13. A bare reading of the Finance Department note dated
26.08.2010 also indicates that there were existing
Recruitment Rules for the posts of JSA and SSA, but the
rules were proposed to change in the year 2010, pursuant
to which the Recruitment Rules as framed by AMC came
into effect on 17.08.2011. By virtue of the said Recruitment
Rules coming into force w.e.f. 17.08.2011, thereby decided
to fill up two posts of SSA through different mode of
channels, i.e., promotion and direct recruitment.

14. In view of the aforesaid, the stance taken by AMC that
for the first time Recruitment Rules came into force w.e.f.
17.08.2011, thereby giving a chance to JSAs for promotion
to the post of SSA, is thoroughly misconceived and contrary
to its own record.

15. Thus, in view of the aforesaid reasons, it can be
gainsaid that promotion from the post of JSA to SSA was
available only after 17.08.2011; rather the documents of the
AMC itself shows that the promotion from the post of JSA to
SSA was in existence prior to the said rules came into force.
Point No. (I) is answered accordingly.

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POINT NO. (II):
16. It is not in dispute that at the relevant point of time,
the prevailing pay scale for the post of SSA was Rs.2000-
3200/- (corresponds to Rs.6500-10500/-). Whereas,
petitioners were granted the pay scale of Rs.1640-2900
(corresponds to Rs.5500-9000/-). The definition of the first
higher pay scale as per Clause 3.1 of the circular dated
13.05.2002 of the AMC means the pay scale of the next
promotional post stated in Schedule-I. As aforesaid, the
next promotional post from the post of JSA is SSA; the pay
scale available to the post of SSA, i.e. the promotional post,
requires to be granted as the first higher pay scale to
petitioners working in the post of JSA. Instead, the
respondent - AMC granted/considered a different higher pay
scale as if the post of JSA was an isolated post.

17. In view of the aforesaid facts and circumstances, the
basis of granting the different higher pay scale to the
petitioners then prevailing for the post of SSA is contrary to
the aforesaid schemes/policies/circulars of the AMC/State.
It can be held that the respondent - AMC has not granted
the full benefit of its aforesaid circular to the petitioners, as
not granted the appropriate higher pay scale to the
petitioners.

18. Having so observed and held hereinabove that there
was promotional avenue available from the post of JSA to
that of SSA even prior to the Recruitment Rules coming into
force on 17.08.2011, then, as per Clause 3.1 of the
aforesaid circular dated 13.05.2002 of the AMC, all the

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petitioners are entitled to receive the first higher pay scale
as prevailing to the next immediate promotional post, i.e.,
SSA.

19. In my view, since all the petitioners completed nine
years of service in the post of JSA (either by 01.04.1992 or
thereafter), they are entitled to the higher pay scale
prescribed for the post of SSA. The AMC’s denial of this
benefit constitutes a violation of Articles 14 and 16 of the
Constitution of India. Point No. (II) is answered accordingly.

20. In view of the aforesaid, neither stance of the
respondent nor any of its arguments so canvassed through
its learned advocate have a leg to stand, and they are
hereby rejected. The upshot of the forgoing observations
and reasoning leads to the conclusion that the present
petition deserves to be allowed.

CONCLUSION:
21. In view of the forgoing reasons, the conclusions are as
follows:

21.1 The promotion was available from the post of JSA to
that of SSA even prior to the Recruitment Rules so framed
by the AMC on 17.08.2011; otherwise, petitioner Nos.1, 2
and 5, respectively, could not have been promoted to the
post of SSA from JSA.

21.2 Since all the petitioners completed nine years of
service in the post of JSA (either by 01.04.1992 or
thereafter), as per the aforesaid AMC’s circular dated

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13.05.2002, they are entitled to the higher pay scale
prescribed for the post of SSA, i.e., Rs.2000-3200/- (Rs.
6500-10500/-), instead of Rs.1640-2900/- (Rs.5500-
9000/-) either from 01.04.1992 or completion of their nine
years’ service, as the case may be.

21.3 Consequently, the impugned communication dated
09.03.2017 issued by the respondent - AMC is hereby
quashed and set aside.

21.4 The respondent - AMC is hereby directed to calculate
and pay the aforesaid difference of the higher pay scale to
the petitioners on or before 31.03.2026, failing which the
petitioners are entitled to receive the said differential
amount of the higher pay scale with 6% p.a. interest from
01.04.2026 till its realization.

22. In view of the foregoing conclusion, the present writ
petition is allowed to the aforesaid extent. Accordingly, Rule
is made absolute. There shall be no order as to costs.

(MAULIK J. SHELAT, J)
GAURAV J THAKER
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GAURAVKUMAR JANARDANBHAI THAKER(HC00951), Principal Pvt. Secretary, at High Court of Gujarat on 05/01/2026 13:13:17

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