Jashmat Naranbhai Bhilodiya vs State Of Gujarat
2022 Latest Caselaw 6055 Guj

     C/SCA/2955/2020                             JUDGMENT DATED: 07/07/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 2955 of 2020

                              With
CIVIL APPLICATION (FIXING DATE OF EARLY HEARING) NO. 1 of 2021
         In R/SPECIAL CIVIL APPLICATION NO. 2955 of 2020

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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                       JASHMAT NARANBHAI BHILODIYA
                                  Versus
                            STATE OF GUJARAT
==========================================================
Appearance:
MR RASHESH A RINDANI(5380) for the Petitioner(s) No.
1,10,11,2,3,4,5,6,7,8,9
MR.KURVEN DESAI, ASSISTANT GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1,2,3,4,5,6,7
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    CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                             Date : 07/07/2022

                             ORAL JUDGMENT

1 Rule returnable forthwith. Mr.Kurven Desai, learned Assistant

C/SCA/2955/2020 JUDGMENT DATED: 07/07/2022

Government Pleader, waives service of rule on behalf of the respondents

- State.

2 The prayer in the petition is that the petitioners are entitled to the

last increment of their service which falls due on 01 st July though they

have retired on 30th June.

3 Facts in brief would indicate that the petitioners are retired

employees who were appointed as Clerks in the Office of Executive

Engineer, Road & Building Departkent, Rajkot, and worked in various

offices during their service tenure. They retired from service on 30 th June

of different years, and therefore, could not get the benefit of the

increment falling due on 01st of July on the date subsequent to their

retirement.

4 The issue is now decided by a Division Bench of this Court vide

order rendered in Letters Patent Appeal No. 868 of 2021 dated

27.04.2022. The Division Bench of this Court has referred to various

decisions of the Delhi High Court and of the High Court of Madras and

confirmed the order of the learned Single Judge.

5 Accordingly, the petition is allowed. The respondents are directed

to grant the benefits to the petitioners of last increment of their service

C/SCA/2955/2020 JUDGMENT DATED: 07/07/2022

which fell due on 01st July, the date next to their date of retirement of 30th

June of their respective years. Pension benefits may be revised

accordingly within a period of 12 weeks from the date of receipt of copy

of this order. Rule is made absolute to the aforesaid extent.

In view of disposal of the main matter, civil application also stands

disposed of, accordingly.

(BIREN VAISHNAV, J) Bimal