Gujarat High Court
Jivanbhai Anadabhai Ahir vs State Of Gujarat on 5 August, 2022
Bench: Biren Vaishnav
C/SCA/298/2022 JUDGMENT DATED: 05/08/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 298 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE BIREN VAISHNAV
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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JIVANBHAI ANADABHAI AHIR
Versus
STATE OF GUJARAT
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Appearance:
MR. MUKESH T MISHRA(5900) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 3
MR. UTKARSH SHARMA, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,4
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 05/08/2022
ORAL JUDGMENT
1 Rule returnable forthwith. Learned advocates
appearing for the respondents waive service of notice of
C/SCA/298/2022 JUDGMENT DATED: 05/08/2022
rule on behalf of the respective respondents.
2 In this petition, under Article 226 of the Constitution
of India, the petitioner has prayed for the benefits of 50%
of merger of Dearness Allowance from 01.04.2004 to
31.07.2012, leave encashment and benefits of 7 th Pay
Commission from 01.01.2006.
3 As far as 50% merger of Dearness Allowance from
01.04.2004 to 31.07.2012 is concerned, in light of the
order dated 16.07.2014 rendered in Letters Patent
Appeal No. 325 of 2013, the petitioner shall be entitled to
the benefits of 50% merger of Dearness Allowance from
01.04.2004 to 31.07.2012 in terms of para 11(iii) which
reads as under:
"11 XXX XXX XXX
(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 01st April, 2004"
C/SCA/298/2022 JUDGMENT DATED: 05/08/2022
4 As far as the prayer for the benefits of 7 th Pay
Commission is concerned, it should not be from
01.01.2006 but from 01.01.2016 and his case 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 petitioner's case shall be considered in
light of the decision in Letters Patent Appeal No. 325 of
2013 and in Special Civil Application No. 13538 of 2020
within a period of sixteen weeks from the date of receipt
of copy of this order.
As far as the prayers for leave encashment and other
benefits is concerned, liberty is reserved in favour of the
petitioner to apply subject to the outcome of the decision
of the Hon'ble Supreme Court in the pending Special
Leave to Appeal. Direct service is permitted.
(BIREN VAISHNAV, J)
BIMAL
