Gujarat High Court grants higher grade pay, arrears to retired typist

In a landmark ruling, Gujarat High Court directed the state government to grant the first higher grade pay-scale to a retired government employee, holding that the date of passing a departmental examination is the date immediately succeeding date on which examination ends, even if results are declared after retirement.

A single bench of the court allowed the petition filed by Baldev Prajapati, a former Gujarati typist, who appeared for the departmental examination conducted between June 3 and 5, 2010. He successfully cleared the exam on June 6, 2010 — the date immediately succeeding the end of the examination — just weeks before his retirement on June 30, 2010. However, the results were officially published only on August 11, 2010.

The court emphasised that, as per Rule 3 in Chapter I of the Manual of the Departmental and Language Examination Rules (originally published by the erstwhile State of Bombay and adopted by Gujarat post-bifurcation), the "date of passing" of the examination shall mean the date following the date on which the examination ends.

"The petitioner is entitled to receive the benefit of the 1st higher grade pay-scale as he has cleared the departmental examination prior to his retirement," the court observed, adding that the state's failure to grant this benefit violates the petitioner's fundamental right to receive the requisite pay scale.

The Assistant Government Pleader had argued that no error was committed in rejecting the claim, as the petitioner had not cleared the examination before retirement since results were declared later. 

The state, in its affidavit, reiterated that the exam was held on June 3 and 5, 2010, with results on August 11, 2010, making him ineligible on the retirement date.

Rejecting this contention, the court directed the state to:

Notionally revise and grant the 1st higher pay-scale to the petitioner with effect from June 6, 2010, until his retirement on June 30, 2010.

Notionally calculate the difference in revised pension from July 1, 2010, to September 30, 2014.

Pay the arrears of the revised pension (difference amount) from October 1, 2014, until actual payment.

The court further ordered the state to disburse the arrears on or before April 30, 2026. In case of delay, the petitioner will be entitled to 6% interest on the amount from May 1, 2026, until realisation.