Mahendrakumar Ramsinh Rathod vs State Of Gujarat
2025 Latest Caselaw 1546 Guj

Gujarat High Court

Mahendrakumar Ramsinh Rathod vs State Of Gujarat on 31 July, 2025

Author: Nikhil S. Kariel

Bench: Nikhil S. Kariel

                                                                                                             NEUTRAL CITATION




                            C/SCA/10374/2025                                  ORDER DATED: 31/07/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                    R/SPECIAL CIVIL APPLICATION NO. 10374 of 2025

                      ==========================================================
                                      MAHENDRAKUMAR RAMSINH RATHOD & ORS.
                                                     Versus
                                            STATE OF GUJARAT & ORS.
                      ==========================================================
                      Appearance:
                      MS ASHLESHA M PATEL(6127) for the Petitioner(s) No. 1,2,3,4,5
                      MS TANUSHREE SHRIMAL, ASST. GOVERNMENT PLEADER for the
                      Respondent(s) No. 1
                      NIYATI D CHAUHAN(9082) for the Respondent(s) No. 2,3
                      ==========================================================

                        CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                                          Date : 31/07/2025

                                                            ORAL ORDER

1. The petition pertains to the benefits of the 6 th Pay

Commission, 50% merger of Dearness Allowance, leave

encashment and the benefits of the 7th Pay Commission.

2. As far as the prayers with regard to 6th Pay Commission

and 50% merger of Dearness Allowance is concerned, it will

be governed by para 11(i) & (iii) of the order dated

21.12.2017 passed in Special Civil Application No. 18120 of

2016, which reads 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 18 th October, 2016 read with the modified directions issued

NEUTRAL CITATION

C/SCA/10374/2025 ORDER DATED: 31/07/2025

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in Miscellaneous Civil Application No. 375 of 2017 and accordingly confer the benefits of 6 th pay Commission for future effect with effect from 14th November, 2014;

XXX XXX XXX

(iii) Respondents are directed to grant the benefit of the State Government Resolution dated 08 th October, 2007 to the petitioners as is granted in case of other daily-wagers working with respondent No.2 Board by merging 50% of the Dearness Allowance in the basic salary of the petitioners with effect from 01 st April, 2004"

3. As far as the benefits of the 7 th Pay Commission is

concerned, the case of the petitioners for such benefits will be

governed by an order dated 11.03.2022 passed in Special Civil

Application No.13538 of 2020.

4. Accordingly, the petition is allowed for the prayers as

aforesaid. The petitioners' case shall be considered in light of

the decision in Letters Patent Appeal No. 325 of 2018 and in

Special Civil Application No. 13538 of 2020 within a period of

four months from the date of receipt of copy of this order.

Direct service is permitted.

(NIKHIL S. KARIEL,J) Bhoomi