Gujarat High Court
Dipaksinh Manubha Rathod vs State Of Gujarat on 22 April, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/14834/2023 ORDER DATED: 22/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14834 of 2023
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DIPAKSINH MANUBHA RATHOD & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR GAURAV K MEHTA(5227) 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,
33,34,35,36,37,4,5,6,7,8,9
MR. SANJAY UDHWANI, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 22/04/2025
ORAL ORDER
1. Heard learned advocate Mr. Rajkumar Mistry for learned
advocate Mr. Gaurav K. Mehta for the petitioners.
2. By way of this petition, the petitioners have prayed for the
following reliefs:-
(A)YOUR LORDSHIPS may be pleased to admit the present
petition;
(B)YOUR LORDSHIPS may be pleased to issue appropriate writ,
order or direction for quashing and setting aside the illegal,
arbitrary, unjust, unfair and discriminatory action of the
respondent authorities for not continuing the benefit of 15%
NPPA to the petitioners as per the 6th and 7th Pay Commission
and further be pleased to hold the same action on the part of
the respondent authorities as bad at law.
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(C)YOUR LORDSHIPS may be pleased to issue appropriate writ,
order or direction directing the respondent authorities to
extend the benefit of 15 % NPPA monthly basis to petitioners
no. 27, 29 and 32 as these petitioners are not permitted to
private practice in accordance with 6th and 7th Pay
Commission, in rest of the petitioners Your Lordships be
pleased to direct the respondents to extend the benefit of 15%
NPPA in their pay fixation in accordance with 6 th and 7th Pay
Commission along with the interest @ 6% on the amount of
arrears, in view of the law laid down by the Division Bench of
the Hon'ble High Court of Gujarat in the judgment dated 19-
7-2018 passed in Letters Patent Appeal No. 907 of 2016
Annex - D and other allied matters, which has been
confirmed by the Hon'ble Supreme Court of India by the
order dated 7-9-2020 passed in Special Leave Petition Diary
No. 17681 of 2020. Annex "E".
(D)Your Lordships may be pleased to issue appropriate wirt,
order or direction directing the respondent authorities to
revise the pension in case of petitioners no. 1, 2 to 5, 7, 8, 15,
17, 25, 26 and 37 who are retired, including 15% NPPA as
per 6th and 7th Pay Commission and further be pleased to
direct the respondent to pay the arrears of difference in
pension along with 6% interest.
(E) Your Lordships may be pleased to impose the cost upon the
respondent authority and the same may be ordered to be
given to the petitioners as the cost of this litigation.
(F) YOUR LORDSHIPS may be pleased to pass such other and
further orders that may be deemed just and proper in the
facts and circumstances of the present case.
3. However, though the aforesaid relief is prayed by the
petitioners, learned advocate Mr. Mistry, upon instructions,
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C/SCA/14834/2023 ORDER DATED: 22/04/2025
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states that at this juncture, instead of pursuing the petition any
further, the petitioners by reserving liberty to file a fresh
petition, in case, if the respondents decide the case of the
petitioners against them, wants to make a representation to the
respondent authorities for the aforesaid prayer.
4. Learned advocate Mr. Mistry states that the petitioners intend to
make a fresh representation to the respondents and the
respondents may be directed to consider the same in light of
identical issue decided by this Court vide common oral
judgment dated 28.03.2016 passed in Special Civil Application
No. 10953 of 2014 and allied matters in case of Gunvantrai
Narmadashankar Vyas and others V/s. State of Gujarat and
others and which has been confirmed by the Division Bench of
this Court in case of State of Gujarat V/s. Gunvantrai
Narmadashankar Vyas vide common oral judgment dated
19.07.2018 in Letters Patent Appeal No. 907 of 2016 and allied
matters. It is brought to the notice of the Court that even the
decision of the Letters Patent Appeal also was carried before the
Hon'ble Supreme Court and State has failed and therefore, the
petitioners' representation is required to be decided in light of
above decision as stated by learned advocate Mr. Mistry.
5. Considering the aforesaid innocuous prayer, the petitioners may
make a representation to the respondents authorities within a
period of one month from today and in case if such
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representation is made by the petitioners, the respondents
authorities are directed to consider the same in accordance with
law and by taking into consideration the above referred
decisions of the learned Single Judge and confirmed by the
Division Bench and Hon'ble Supreme Court and to pass a
reasoned order in this regard latest by 31.07.2025.
6. In case, if the petitioners' representation is not considered
positively, the respondents are directed to pass a reasoned order
and liberty is reserved in favour of the petitioners to challenge
the same.
7. In case, if the respondent - Animal Husbandry Department has
to decide the representation, copy of this order may be served
upon the Animal Husbandry Department as well by the
petitioners.
8. In view of above, the present petition is disposed of. Needless to
say that this Court has not examined the merits of the matter.
(NIRZAR S. DESAI,J)
VARSHA DESAI
