Gujarat High Court

Maheshbhai Salambhai Rathod vs State Of Gujarat on 8 July, 2025

Author: Nikhil S. Kariel

Bench: Nikhil S. Kariel

                                                                                                                NEUTRAL CITATION




                           C/SCA/5101/2024                                     JUDGMENT DATED: 08/07/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                     R/SPECIAL CIVIL APPLICATION NO. 5101 of 2024


                      FOR APPROVAL AND SIGNATURE:


                      HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
                      ==========================================================

                                  Approved for Reporting                      Yes           No
                                                                                             √
                      ==========================================================
                                         MAHESHBHAI SALAMBHAI RATHOD & ORS.
                                                       Versus
                                              STATE OF GUJARAT & ORS.
                      ==========================================================
                      Appearance:
                      MS ASHLESHA M PATEL(6127) for the Petitioner(s) No.
                      1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,
                      4,5,6,7,8,9
                      MR MITUL GAUTAM, AGP for the Respondent(s) No. 1
                      MR HS MUNSHAW(495) for the Respondent(s) No. 2,3
                      ==========================================================

                          CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                                        Date : 08/07/2025
                                                        ORAL JUDGMENT

1 Rule returnable forthwith. Learned counsels

appearing for the respective respondents waive service of

notice of rule on behalf of the respective respondents.

2 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.

3 As far as the prayers with regard to 6 th Pay

NEUTRAL CITATION

C/SCA/5101/2024 JUDGMENT DATED: 08/07/2025

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Commission and 50% merger of Dearness Allowance is

concerned, it will be governed by para 11(i) & (iii) of the

order dated 21.12.20217 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 6 th 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;

XXX XXX XXX

(iii) Respondents are directed to grant the benefit of the State Government Resolution dated 08th 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 01st April, 2004"

4 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.

NEUTRAL CITATION

C/SCA/5101/2024 JUDGMENT DATED: 08/07/2025

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5 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