Gujarat High Court
Balvantsinh Gumansinh Chauhan vs State Of Gujarat on 5 May, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/6113/2025 ORDER DATED: 05/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6113 of 2025
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BALVANTSINH GUMANSINH CHAUHAN & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR HB SINGH(2073) for the Petitioner(s) No. 1,2,3,4
MS TANUSHREE SHRIMAL ASSISTANT GOVERNMENT PLEADER for
the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 05/05/2025
ORAL ORDER
1. Heard learned advocate Mr. H. B. Singh appearing for the petitioners and learned Assistant Government Pleader Ms. Tanushree Shrimal appearing for the respondent - State.
2. Learned advocate Mr. H. B. Singh appearing for the petitioners places on record a draft amendment and the same is taken on record and granted.
3. RULE returnable forthwith. Ms. Tanushree Shrimal, the learned Assistant Government Page 1 of 4 Uploaded by PALLAVI PRABHUDAS PANCHAL(HC01403) on Mon May 05 2025 Downloaded on : Tue May 06 05:15:25 IST 2025 NEUTRAL CITATION C/SCA/6113/2025 ORDER DATED: 05/05/2025 undefined Pleader waives service of rule on behalf of the respondents. By consent, the matter is taken up for final disposal.
4. The present Special Civil Application is filed praying for the following reliefs :-
"(a) to admit and allow this petition.
(b) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to forthwith revise the pension and gratuity by counting their services from the date of joining till date of retirement or death, in the light of settled law and binding position of law as mentioned herein above;
and make the payment of arrears to the petitioners accordingly with interest @ 12% per from;
(c) During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to direct the respondents to revise the pension and gratuity by counting their services from the date of joining till date of retirement or death, in the light of settled law and binding position of law as mentioned herein above; and make the payment of arrears to the petitioners accordingly with interest @ 12% per from;
(d) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case."
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NEUTRAL CITATION C/SCA/6113/2025 ORDER DATED: 05/05/2025 undefined
5. The learned counsel for the petitioners also submits that the petitioners are entitled to revision in pension as well as gratuity by calculating the benefits from the date of initial appointment. In support of his contention, he relies upon the judgment of this Court in case of Executive Engineer, Panchayat (Maa & M) Department vs. Samudabhai Jyotibhai Bhedi [2017(4) GLR 2952]. He submits that the present petitioners are similarly placed and hence, they are entitled to all the benefits from the initial date of appointment which has been followed by the respondents in the cases of various employees.
6. The learned Assistant Government Pleader does not dispute that the State Government has accepted the decision of this Court in Samudabhai Jyotibhai Bhedi (supra).
7. In view of the above submissions, the respondents shall undertake a scrutiny of the case of the petitioners and if the petitioners Page 3 of 4 Uploaded by PALLAVI PRABHUDAS PANCHAL(HC01403) on Mon May 05 2025 Downloaded on : Tue May 06 05:15:25 IST 2025 NEUTRAL CITATION C/SCA/6113/2025 ORDER DATED: 05/05/2025 undefined are found to be eligible, then the respondents shall consider the proposal for grant of retiral benefits from the date of initial appointment and pass appropriate orders within eight weeks from the date of receipt of this order in accordance with the prevalent Government Resolutions in force. It is clarified that this Court has not gone into the merits of the matter.
8. With the aforesaid observations, the present Special Civil Application stands disposed of. Rule is made absolute to the aforesaid extent. No order as to costs.
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