Exemption from departmental exams at age 45 entitles employees to the First Higher Grade Pay Scale.

The petitioner joined the State Reserve Police Force Group-V as an Armed Police Constable on July 7, 1964.

During his tenure, he received two promotions: second-grade Head Constable (Driver) in 1992 and first-grade Head Constable/ASI (Driver) on October 7, 1993.

Having completed over nine years of regular service in the ASI cadre by 2002, the petitioner claimed eligibility for the 1st Higher Grade Pay Scale of PSI under the Government Resolution (G.R.) dated August 16, 1994.

He retired on superannuation on June 30, 2003, without receiving these benefits.

Despite a court order in 2017 directing the respondents to decide on the petitioner’s 2016 representation, the State failed to file a reply or pass an order.

Whether the petitioner is entitled to the 1st Higher Grade Pay Scale of PSI in the pay scale of Rs. 1640-2900 (Revised) per the Government Resolution dated August 16, 1994.

Whether the petitioner is exempt from passing the departmental examination for the said pay scale based on his age.

The court applied the Finance Department, State of Gujarat Resolution dated August 16, 1994, specifically Clause 3, which stipulates that employees completing nine years of regular service in the same cadre/pay scale are entitled to the 1st Higher Grade Pay Scale.

Furthermore, Clause 3(5) of the same Resolution provides an exemption from departmental examinations for employees who reached the age of 45 on or before July 5, 1991.

The court also invoked the principles of Article 14 of the Constitution regarding non-discrimination, noting that similarly situated personnel had received these benefits.

The court noted that the respondents failed to controvert the petitioner's claims or comply with previous judicial directions to resolve the administrative representation.

Factually, the petitioner completed the requisite nine years in the ASI cadre in 2002.

Regarding the examination exemption under Clause 3(5), the court observed that the petitioner’s date of birth (June 15, 1945) meant he turned 45 on June 15, 1990—prior to the cutoff date of July 5, 1991.

Consequently, the petitioner satisfied all statutory criteria for the higher grade scale.

The court rejected the State’s belated request for more time to decide the representation, citing an unreasonable delay since 2017.

The respondents were directed to release the 1st higher grade pay scale and all consequential benefits by April 15, 2026.

Failure to comply will result in an additional 6% per annum interest charge from April 16, 2026, until payment.

Rule made absolute with no order as to costs.