Gujarat High Court
Amratbhai Nathubhai Rathod vs State Of Gujarat on 5 August, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/10389/2025 ORDER DATED: 05/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10389 of 2025
With
R/SPECIAL CIVIL APPLICATION NO. 10394 of 2025
With
R/SPECIAL CIVIL APPLICATION NO. 10408 of 2025
With
R/SPECIAL CIVIL APPLICATION NO. 10470 of 2025
With
R/SPECIAL CIVIL APPLICATION NO. 10474 of 2025
With
R/SPECIAL CIVIL APPLICATION NO. 10512 of 2025
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AMRATBHAI NATHUBHAI RATHOD
Versus
STATE OF GUJARAT & ANR.
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Appearance:
CHAUHAN DHWANIKA RAJESHBHAI(14066) for the Petitioner(s) No. 1
MS NIRALI SARDA ASSTT. GOVERNMENT PLEADER for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 05/08/2025
COMMON ORAL ORDER
1. Learned advocate Ms. Chauhan seeks permission to amend the cause title, more particularly to join the State of Gujarat through Irrigation Department. Permission is granted. Appropriate amendment to be carried out right away.
2. Heard learned advocate Ms. Dhwanika Chauhan for the petitioners, learned AGP Ms. Nirali Sarda for the respondent No.1 and learned advocate Mr. Devang Bhatt for learned advocate Mr. H.S. Munshaw for the respondent Nos.2 and 3.
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3. By way of these petitions, the petitioners pray for grant of benefits of recommendations of 6th and 7th Pay Commission and for payment of arrears thereof and also for other consequential revision in pension, gratuity etc.
4. In so far as prayers with regard to 6 th Pay Commission is concerned, it would appear that vide an order dated 21.12.2017 in Special Civil Application No.18120 of 2016 at para 11(i), this Court has noted as under:
"11 XXX XXX XXX (I) Respondents are directed to grant the petitioners the benefit of 6 th Pay Commission on the lines as is granted to the similarly situated petitioners in Anand Bhausaheb Pawar (supra)as per judgment dated 18 th October, 2016 read with the modified directions issued in Miscellaneous Civil Application No. 375 of 2017 and accordingly confer the benefits of 6th pay Commission for future effect with effect from 14th November, 2014;
5. As far as the benefits of 7th Pay Commission is concerned, such benefits being governed by order dated 11.03.2022 passed in Special Civil Application No.13538 of 2020, the relevant portion of the said order, is reproduced herein below.
"2. In all these petitions, the petitioners - Daily Wagers of the respondent -
Board are beneficiaries of the GR dated 17.10.1988. They belong to the category of Daily Wagers who were appointed between the period from 17.10.1988 to 30.11.1994. The case of the petitioners is that they are entitled to the benefits of the 7th Pay Commission together with the arrears with effect from 1.1.2016.
3. On 14.8.2018, the Government passed a Resolution extending the benefits of the 7th Pay Commission to the Daily Wagers appointed pre 17.10.1988, appointed in between the period from 17.10.1988 to 30.11.1994 and post 30.11.1994. Pursuant to this Resolution, the actual benefits of the 7th pay commission with effect from 1.1.2016 was given to pre 17.10.1988 and post 30.11.1994 appointees. The Resolution dated 14.8.2018, condition No.3 thereof indicated that the benefits to all the three categories i.e. daily wagers appointed pre 1988, daily wagers Page 2 of 3 Uploaded by Y.N. VYAS(HC00207) on Wed Aug 06 2025 Downloaded on : Thu Aug 07 00:15:19 IST 2025 NEUTRAL CITATION C/SCA/10389/2025 ORDER DATED: 05/08/2025 undefined appointed between the period from 17.10.1988 to 30.11.1994 shall be given the benefits of the 7th Pay Commission, however, it shall be from 1.1.2016, from the date when the Government approves such payment.
4. It is undisputed that the pre 17.10.1988 Daily Wagers and post 30.11.1994 Daily Wagers of the Board have been given the benefits of the 7th Pay Commission with effect from 1.1.2016 with arrears.
5. The apprehension of the present petitioners is that by virtue of Clause 3 in the Resolution dated 7.1.2022, the actual benefits of the 7th Pay Commission together with arrears from 1.1.2016 to the present class of Daily Wagers of the period from 17.10.1988 to 30.11.1994 shall not be extended on the similar terms as to the other categories.
10. The State is directed to see that similar benefits namely; the arrears of 7th pay commission with effect from 1.1.2016 are extended to the category of 17.10.1988 to 30.11.1994 Daily Wagers of the Board, as was granted to the post 1994 and pre 1988 beneficiaries."
6. Considering the observations of the learned Coordinate Benches hereinabove, it would appear that both the prayers of the petitioners could be allowed and whereas it is directed that the respondents shall consider the case of the petitioners in light of the above observations for revision in pay in the 6th and 7th Pay Commission and whereas arrears of salary, arrears of pension and arrears of revision in gratuity, if any, shall be paid to the petitioners within a period of 12 weeks from the date of receipt of this order.
7. With this observations and directions, the present petitions are disposed of as partly allowed.
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