Gujarat High Court
Uttambhai Hirabhai Patel vs Chairman, Gujarat Water Supply And ... on 11 August, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/5526/2025 ORDER DATED: 11/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5526 of 2025
With
R/SPECIAL CIVIL APPLICATION NO. 5711 of 2025
With
R/SPECIAL CIVIL APPLICATION NO. 5724 of 2025
With
R/SPECIAL CIVIL APPLICATION NO. 5735 of 2025
With
R/SPECIAL CIVIL APPLICATION NO. 5737 of 2025
With
R/SPECIAL CIVIL APPLICATION NO. 5758 of 2025
With
R/SPECIAL CIVIL APPLICATION NO. 5760 of 2025
With
R/SPECIAL CIVIL APPLICATION NO. 5793 of 2025
With
R/SPECIAL CIVIL APPLICATION NO. 6323 of 2025
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UTTAMBHAI HIRABHAI PATEL
Versus
CHAIRMAN, GUJARAT WATER SUPPLY AND SEWERAGE BOARD & ANR.
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Appearance:
CHAUHAN DHWANIKA RAJESHBHAI(14066) for the Petitioner(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 11/08/2025
ORAL ORDER
1. Learned advocate Ms.Chauhan seeks permission to
amend the cause title, more particularly to join the State of
Gujarat through Irrigation Department. Permission is granted.
Appropriate amendment to be carried out right away.
2. Heard learned advocate Ms. Dhwanika Chauhan for the
petitioners, learned AGP Ms. Nirali Sarda for the respondent
State and learned advocate Mr.Devang Bhatt for learned
NEUTRAL CITATION
C/SCA/5526/2025 ORDER DATED: 11/08/2025
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advocate Mr. H.S. Munshaw for the respondent Nos.1 and 2.
3. By way of these petitions, the petitioners pray for grant
of benefits of recommendations of 6 th and 7th Pay Commission
and for payment of arrears thereof and also for other
consequential revision in pension, gratuity etc.
4. In so far as prayers with regard to 6 th Pay Commission is
concerned, it would appear that vide an order dated
21.12.2017 in Special Civil Application No.18120 of 2016 at
para 11(i), this Court has noted as under:-
"11 XXX XXX XXX
(i) Respondents are directed to grant the
petitioners the benefit of 6th Pay Commission on the
lines as is granted to the similarly situated
petitioners in Anand Bhausaheb Pawar (supra)as
per judgment dated 18th October, 2016 read with
the modified directions issued in Miscellaneous Civil
Application No. 375 of 2017 and accordingly confer
the benefits of 6th pay Commission for future effect
with effect from 14th November, 2014;
5. As far as the benefits of 7 th Pay Commission is
concerned, such benefits being governed by order dated
11.03.2022 passed in Special Civil Application No.13538 of
2020, the relevant portion of the said order, is reproduced
herein below:-
NEUTRAL CITATION
C/SCA/5526/2025 ORDER DATED: 11/08/2025
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"2. In all these petitions, the petitioners - Daily Wagers
of the respondent - Board are beneficiaries of the
GR dated 17.10.1988. They belong to the category
of Daily Wagers who were appointed between the
period from 17.10.1988 to 30.11.1994. The case of
the petitioners is that they are entitled to the
benefits of the 7th Pay Commission together with
the arrears with effect from 1.1.2016.
3. On 14.8.2018, the Government passed a Resolution
extending the benefits of the 7th Pay Commission to
the Daily Wagers appointed pre 17.10.1988,
appointed in between the period from 17.10.1988 to
30.11.1994 and post 30.11.1994. Pursuant to this
Resolution, the actual benefits of the 7th pay
commission with effect from 1.1.2016 was given to
pre 17.10.1988 and post 30.11.1994 appointees.
The Resolution dated 14.8.2018, condition No.3
thereof indicated that the benefits to all the three
categories i.e. daily wagers appointed pre 1988,
daily wagers appointed between the period from
17.10.1988 to 30.11.1994 shall be given the
benefits of the 7th Pay Commission, however, it
shall be from 1.1.2016, from the date when the
Government approves such payment.
4. It is undisputed that the pre 17.10.1988 Daily
Wagers and post 30.11.1994 Daily Wagers of the
Board have been given the benefits of the 7th Pay
Commission with effect from 1.1.2016 with arrears.
5. The apprehension of the present petitioners is that
by virtue of Clause 3 in the Resolution dated
7.1.2022, the actual benefits of the 7th Pay
Commission together with arrears from 1.1.2016 to
the present class of Daily Wagers of the period from
17.10.1988 to 30.11.1994 shall not be extended on
the similar terms as to the other categories.
10. The State is directed to see that similar benefits
namely; the arrears of 7th pay commission with
effect from 1.1.2016 are extended to the category of
17.10.1988 to 30.11.1994 Daily Wagers of the
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C/SCA/5526/2025 ORDER DATED: 11/08/2025
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Board, as was granted to the post 1994 and pre
1988 beneficiaries."
6. Considering the observations of the learned Coordinate
Benches hereinabove, it would appear that both the prayers of
the petitioners could be allowed and whereas, it is directed
that the respondents shall consider the case of the petitioners
in light of the above observations for revision in pay in the 6 th
and 7th Pay Commission and whereas arrears of salary,
arrears of pension and arrears of revision in gratuity, if any,
shall be paid to the petitioners within a period of 12 weeks
from the date of receipt of this order.
7. With this observations and directions, the present
petitions are disposed of as partly allowed.
(NIKHIL S. KARIEL,J)
Bhoomi
