Gujarat High Court
Union Of India vs Samuelbhai Christian S/O Devjibhai ... on 29 July, 2025
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/SCA/9984/2025 ORDER DATED: 29/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9984 of 2025
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UNION OF INDIA & ORS.
Versus
SAMUELBHAI CHRISTIAN S/O DEVJIBHAI CHRISTIAN
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Appearance:
MR HARSHEEL D SHUKLA(6158) for the Petitioner(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE R. T. VACHHANI
Date : 29/07/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
This Court has disposed of the group of proceedings being MCA
(For Contempt) No.257 of 2024 in SCA No.11186 of 2023 and allied
matters vide order dated 26/03/2025 in terms of the order dated 20 th
February, 2025 passed by the Supreme Court on the issue of grant of one
increment to the employees of the entire State, who have retired from
services and are getting pension. While deciding the said group of
proceedings, this Court has made the following observations:
"7. The issue of one increment, which emanated from the judgment of the
Supreme Court in case of C.P. Mundinamani and Ors. (supra) has been
followed by this Court in various judgments and orders either passed by the
learned Single Judges or by the Division Benches. It appears that thereafter
Misc. Civil Application for review or clarification was filed before the
Supreme Court and initially the Supreme Court, in the order dated 6th
September, 2024, clarified the directions issued in the said judgment of C.P.
Mundinamani and Ors. (supra) and four directions were incorporated by the
Supreme Court for extending the benefit of one increment.
8. Accordingly, numerous petitions, contempt applications and Letters Patent
Appeals were disposed of in line of the order dated 6 th September, 2024.
However, the Supreme Court finally, in the order dated 20 th February, 2025,
has further clarified the order dated 6 th September, 2024. An attempt is made
by the learned Government Pleader and the learned advocates appearing for
NEUTRAL CITATION
C/SCA/9984/2025 ORDER DATED: 29/07/2025
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the employees to further clarify the directions issued by the Supreme Court in
the aforementioned orders. The learned advocates appearing for the
employees have raised an apprehension that the State will not pay the benefit
of one increment as per the orders passed by the Apex Court.
9. We cannot either substitute or further issue any clarificatory directions to
the order dated 20th February, 2025 issued by the Supreme Court. We can
also neither supplement nor supplant. The State Government cannot
implement the directions of the Supreme Court by its own understanding
either putting a new clause or fresh explanation to the order dated 20 ^ n
February, 2025. The order passed by the Supreme Court dated 20 th February,
2025 is self-explanatory, and we do not find that any further directions are
required to be issued. except that the State Government shall follow the
directions issued by the Supreme Court in letter and spirit. The Supreme Court
has already clarified that in case any excess payment has already been made
to the employees, such amount paid. will not be recovered. Thus, it is not open
for the State Government or the Statutory Bodies to affect any recovery from
the employees who have been extended the benefit of one increment as
directed by this Court in various judgments in case of each of the employees
except in those cases where the employees are not entitled as per law.
10. We can only further clarify that in case the respondent State authorities
falter in implementing the directions issued by the Supreme Court and in case
the benefit of one Increment, which is yet to be paid to the number of
employees of the State of Gujarat, is not paid as directed by the Apex Court,
and they are aggrieved by such action, either of recovery or fixation of
increment, it will be open for them to file appropriate proceedings before
appropriate forum.
11. We further direct that in case the benefit of one increment or arrears
remains unpaid to the employees, the State Government shall extend such
benefits to them within a period of four months.
12. It is also noticed by us that various matters are filed by the employees
through their respective Union/ Associations/Mandals. In such matters, such
Unions/Associations/Mandals shall instruct all its individual members to file a
representation before their parent departments giving all their service details.
After such details are received, the State Government /Department shall
extend the benefit of one increment, as directed by the Supreme Court in the
order dated 20th February, 2025.
13. At this stage, Mr. Virk, learned Government Pleader has submitted that
there are more than 32,000 applications, which are required to be scrutinized,
hence it is urged by him that the limitation of four months, as fixed by this
Court, may further be extended to six months. The request is acceded to. We
direct all the departments of the State Government to verify the cases of each
of the individuals and upon such verification, the benefit/arrears of increment
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C/SCA/9984/2025 ORDER DATED: 29/07/2025
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shall be extended within a period of six months.
14. It is further clarified that the retired employees, who were serving and
have retired from the Statutory bodies having the pension scheme, shall only
be entitled to the benefit of one increment.
15. Thus, all the proceedings are disposed of in terms of the order dated 20th
February, 2025 passed by the Supreme Court."
2. Learned Advocate appearing for the applicants have submitted that
the captioned petitions are also arising out of the same issue and
therefore, similar order may be passed.
3. Learned Advocate Ms.Vilas Purani is permitted to file her
Vakalatnama on behalf of the respondent. Registry to accept the same.
Learned Advocate Ms.Purani for the respondent does not dispute the
submission made on behalf of the petitioner.
4. Having heard the learned advocates appearing for the respective
parties and considering the fact that issue raised in the captioned petitions
which pertains to grant of one increment, has already been decided by
this Court in a group of proceedings as referred herein above, the present
petitions are disposed of in terms of the observations made and quoted
herein above vide order dated 26/03/2025 passed in MCA (For Contempt)
No.257 of 2024 in SCA No.11186 of 2023 and allied matters.
5. Accordingly, the captioned petitions are disposed of. Registry to
maintain copy of this order in each of the petition.
(A. S. SUPEHIA, J)
(R. T. VACHHANI, J)
sompura /01
