Authority: High Court of Gujarat at Ahmedabad
Order Date: 17 July 2026
Case Overview
- Parties: Varshaben Bhupendrabhai Transavala & Ors (appellants) vs State of Gujarat & Ors (respondents).
- Background: State Government order dated 28 April 2009 granted librarians a higher pay scale of Rs 4,500‑7,000; subsequently, the Commissioner of Midday Meals & Schools issued instructions on 20 May 2009 to recover a higher grade pay of Rs 5,000‑8,000, effectively cancelling the earlier entitlement.
- Petitioners filed Special Civil Applications Nos. 10305‑10307 of 2009 challenging the cancellation of the Rs 5,000‑8,000 scale.
- Single Judge order dated 26 September 2017 quashed the cancellation, directing the State to consider the case in light of Tribunal judgment dated 25 August 2008 (Application No. 142 of 1999) and its confirmation in Special Civil Application No. 2955 of 2010.
- The 2010 decision was affirmed by the Supreme Court in Special Leave Petition No. 11597 of 2011.
- The State later rejected the claim for restoration of the higher pay scale, prompting the present Letters Patent Appeals No. 1126/2023 and 1127/2023 (Special Civil Application No. 588/2022 and No. 515 of 2022).
- The State argued that Letters Patent Appeal No. 20 of 2026 held librarians entitled only to Rs 4,500‑7,000, but the Court noted that the earlier judgments were final and binding.
Final Outcome
- The Division Bench (Justices N.S. Sanjay Gowda and J.L. Odedra) allowed the appeals to the extent that the State must comply with the 2017 order and the Supreme Court‑validated judgment granting the Rs 5,000‑8,000 higher pay scale.
- The Court quashed the 2009 cancellation orders and directed the State to pass fresh orders after hearing the petitioners, giving due regard to the apex court decision.
- A request to stay the present order for eight weeks was refused.
Topics: Employment Law, Government Pay Scale