Gujarat High Court
Baluben Bhagwanbhai Bheda vs District Development Officer on 1 August, 2025
NEUTRAL CITATION
C/SCA/7142/2018 ORDER DATED: 01/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7142 of 2018
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BALUBEN BHAGWANBHAI BHEDA & ORS.
Versus
DISTRICT DEVELOPMENT OFFICER, & ORS.
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Appearance:
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for
the Petitioner(s) No. 1
MR JV JAPEE(358) for the Petitioner(s) No. 1.1,1.2,1.3,1.4
MR HS MUNSHAW(495) for the Respondent(s) No. 1,2
NOTICE SERVED BY DS for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 01/08/2025
ORAL ORDER
1. The present petition is filed for following prayer:
(a) YOUR LORDSHIPS be pleased to issue the writ of mandamus or any other appropriate writ, order or direction of this Hon'ble Court and be pleased to quash and set aside the order passed by the respondent authority dated 23.10.2017 to the extent of granting the arrears of salary of the petitioner from the year 2010 only, in disregard of the fact that the petitioner was initially granted the benefit of 17.10.1988 GR but was stagnated all throughout thereafter without revising the pay under the said GR as per the length of the service of the petitioner from time to time and was also deprived of the benefit of the revision under 5th pay and 6th pay commission.
(b) YOUR LORDSHIPS be pleased to issue the writ of mandamus or any other appropriate writ order or direction and be pleased to direct the respondents to pay to the petitioner the consequential benefits in accordance with the 17.10.1988 GR as per the total length of the Page 1 of 3 Uploaded by MS.PARUL DUTTA(HCD0073) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 22:29:11 IST 2025 NEUTRAL CITATION C/SCA/7142/2018 ORDER DATED: 01/08/2025 undefined service of the petitioner till the date of her retirement.
(c) YOUR LORDSHIPS be pleased to forthwith direct the respondent authorities to determine the revised pay admissible to the Petitioner from time to time as per Government Resolution dated 17.10.1988 and subsequent Government Resolutions as per the length of her service with all consequential benefits and the consequent retirement benefits pending admission, hearing and final disposal of this petition.
(d) YOUR LORDSHIPS be pleased to grant such other and further reliefs as may be deemed fit in the interest of justice.
2. Heard learned advocate Ms. Priyanka Thakker for learned advocate Mr. J.V. Japee.
3. Upon instructions from Mr. Dilipbhai Nai, Under Secretary, Panchayat, Rural Housing and Rural Development Department, the learned Assistant Government Pleader (AGP) has tendered a copy of an order dated 30.07.2025. This order states that the necessary benefits will be extended to the petitioner in accordance with the High Court's judgment dated 29.12.2016. The AGP submits that the process is ongoing and is likely to be completed within three weeks.
4. It is noted that the petitioner expects the cut-off date to be his date of appointment. With this Page 2 of 3 Uploaded by MS.PARUL DUTTA(HCD0073) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 22:29:11 IST 2025 NEUTRAL CITATION C/SCA/7142/2018 ORDER DATED: 01/08/2025 undefined clarification, the petition is disposed of with a direction to the respondent authority to take the necessary action and grant all due benefits to the petitioner within three weeks from today. In view of the aforesaid communication, the petition is disposed of.
(SANDEEP N. BHATT,J) PD Page 3 of 3 Uploaded by MS.PARUL DUTTA(HCD0073) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 22:29:11 IST 2025