Gujarat High Court
Baluben Bhagwanbhai Bheda vs District Development Officer on 1 August, 2025
NEUTRAL CITATION
C/SCA/7142/2018 ORDER DATED: 01/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7142 of 2018
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BALUBEN BHAGWANBHAI BHEDA & ORS.
Versus
DISTRICT DEVELOPMENT OFFICER, & ORS.
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Appearance:
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for
the Petitioner(s) No. 1
MR JV JAPEE(358) for the Petitioner(s) No. 1.1,1.2,1.3,1.4
MR HS MUNSHAW(495) for the Respondent(s) No. 1,2
NOTICE SERVED BY DS for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 01/08/2025
ORAL ORDER
1. The present petition is filed for following prayer:
(a) YOUR LORDSHIPS be pleased to issue the writ of mandamus or
any other appropriate writ, order or direction of this Hon'ble Court
and be pleased to quash and set aside the order passed by the
respondent authority dated 23.10.2017 to the extent of granting the
arrears of salary of the petitioner from the year 2010 only, in
disregard of the fact that the petitioner was initially granted the
benefit of 17.10.1988 GR but was stagnated all throughout thereafter
without revising the pay under the said GR as per the length of the
service of the petitioner from time to time and was also deprived of
the benefit of the revision under 5th pay and 6th pay commission.
(b) YOUR LORDSHIPS be pleased to issue the writ of mandamus or any
other appropriate writ order or direction and be pleased to direct the
respondents to pay to the petitioner the consequential benefits in
accordance with the 17.10.1988 GR as per the total length of the
NEUTRAL CITATION
C/SCA/7142/2018 ORDER DATED: 01/08/2025
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service of the petitioner till the date of her retirement.
(c) YOUR LORDSHIPS be pleased to forthwith direct the respondent
authorities to determine the revised pay admissible to the Petitioner
from time to time as per Government Resolution dated 17.10.1988
and subsequent Government Resolutions as per the length of her
service with all consequential benefits and the consequent retirement
benefits pending admission, hearing and final disposal of this petition.
(d) YOUR LORDSHIPS be pleased to grant such other and further reliefs
as may be deemed fit in the interest of justice.
2. Heard learned advocate Ms. Priyanka Thakker for
learned advocate Mr. J.V. Japee.
3. Upon instructions from Mr. Dilipbhai Nai, Under
Secretary, Panchayat, Rural Housing and Rural
Development Department, the learned Assistant
Government Pleader (AGP) has tendered a copy of an
order dated 30.07.2025. This order states that the
necessary benefits will be extended to the petitioner in
accordance with the High Court's judgment dated
29.12.2016. The AGP submits that the process is
ongoing and is likely to be completed within three
weeks.
4. It is noted that the petitioner expects the cut-off
date to be his date of appointment. With this
NEUTRAL CITATION
C/SCA/7142/2018 ORDER DATED: 01/08/2025
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clarification, the petition is disposed of with a direction
to the respondent authority to take the necessary action
and grant all due benefits to the petitioner within three
weeks from today. In view of the aforesaid
communication, the petition is disposed of.
(SANDEEP N. BHATT,J)
PD
