Gujarat High Court
Vijaysinh Takhatsinh Rajput vs State Of Gujarat on 12 September, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/2706/2025 ORDER DATED: 12/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2706 of 2025
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VIJAYSINH TAKHATSINH RAJPUT & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR YOGEN N PANDYA(5766) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,
33,34,4,5,6,7,8,9
MS TANUSHREE SHRIMAL, AGP for the Respondent(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 2,3,4,5
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 12/09/2025
ORAL ORDER
1. Heard learned Advocate Mr. Yogen Pandya for the petitioners, learned AGP Ms. Tanushree Shrimal for the respondent-State and learned Advocate Mr. H.S. Munshaw for the respondents No. 2 to 5.
2. The petition pertains to the benefits of the 6 th Pay Commission, 50% merger of Dearness Allowance, leave encashment and the benefits of the 7 th Pay Commission.
3. As far as the prayers with regard to 6th Pay Commission and 50% merger of Dearness Allowance is concerned, it will be governed by para 11(i) & (iii) of the order dated 21.12.20217 passed in Special Civil Application No. 18120 of 2016, which reads as under: Page 1 of 2 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Tue Sep 16 2025 Downloaded on : Tue Sep 16 23:42:41 IST 2025
NEUTRAL CITATION C/SCA/2706/2025 ORDER DATED: 12/09/2025 undefined "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 6 th pay Commission for future effect with effect from 14th November, 2014;
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(iii) Respondents are directed to grant the benefit of the State Government Resolution dated 08th October, 2007 to the petitioners as is granted in case of other daily-wagers working with respondent No.2 Board by merging 50% of the Dearness Allowance in the basic salary of the petitioners with effect from 01 st April, 2004"
4. As far as the benefits of the 7 th Pay Commission is concerned, the case of the petitioners for such benefits will be governed by an order dated 11.03.2022 passed in Special Civil Application No.13538 of 2020.
5. Accordingly, the petition is allowed for the prayers as aforesaid. The petitioners' case shall be considered in light of the decision in Letters Patent Appeal No. 325 of 2018 and in Special Civil Application No. 13538 of 2020 within a period of four months from the date of receipt of copy of this order.
Direct service is permitted.
(NIKHIL S. KARIEL,J) BDSONGARA Page 2 of 2 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Tue Sep 16 2025 Downloaded on : Tue Sep 16 23:42:41 IST 2025