Gujarat High Court
Kantilal Parsotambhai Dhadhaniya vs State Of Gujarat on 22 April, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/19547/2022 ORDER DATED: 22/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19547 of 2022
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KANTILAL PARSOTAMBHAI DHADHANIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR GAURAV K MEHTA(5227) for the Petitioner(s) No. 1
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 : 22/04/2025
ORAL ORDER
1. Heard learned advocate Mr. Rajkumar Mistry for learned
advocate Mr. Gaurav K. Mehta for the petitioner.
2. By way of this petition, the petitioner has prayed for the
following reliefs:-
(A)Your Lordships may be pleased to admit and allow this
petition.
(B)Your Lordships may be pleased to issue appropriate writ,
order or direction for quashing and setting aside the illegal,
arbitrary, discriminatory action for not deciding/fixing/ and
releasing the amount of pension and other retirement benefits
including 15 % NPPA and Your Lordships may be pleased to
hold the said action on the part of the respondent authority is
bad in law.
(C)Your Lordships further be pleased to direct the respondent
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C/SCA/19547/2022 ORDER DATED: 22/04/2025
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authorities to decide / to fix the pay and release the final
amount of dues and other retirement benefits as per the Sixth
and Seventh Pay Commission including 15 % NPPA in favour
of the petitioner for the period of July 2014 to 30 th June,
2019, by considering the judgement dated 19/07/2018 passed
in LPA No. 907 of 2016 confirming the judgment dated 28-
03/2016 passed in SCA No. 10953 of 2014 as well as the
order dated 28/01/2022 passed in SCA No. 17401/2021.
(D) Such other and further relief/s which the Honourable Court
may deem fit, just and proper be granted in the facts and
circumstances of the present case and in the interest of
justice.
3. However, though the aforesaid relief is prayed by the petitioner,
learned advocate Mr. Mistry, upon instructions, states that at this
juncture, instead of pursuing the petition any further, the
petitioner by reserving liberty to file a fresh petition, in case, if
the respondents decide the case of the petitioner against him,
wants to make a representation to the respondent authorities for
the aforesaid prayer.
4. Learned advocate Mr. Mistry states that the petitioner intends 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
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C/SCA/19547/2022 ORDER DATED: 22/04/2025
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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
petitioner's 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 petitioner may
make a representation to the respondents authorities within a
period of one month from today and in case if such
representation is made by the petitioner, 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 petitioner's representation is not considered
positively, the respondents are directed to pass a reasoned order
and liberty is reserved in favour of the petitioner 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
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C/SCA/19547/2022 ORDER DATED: 22/04/2025
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upon the Animal Husbandry Department as well by the
petitioner.
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
