Gujarat High Court
Balvantsinh Gumansinh Chauhan vs State Of Gujarat on 5 May, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/6113/2025 ORDER DATED: 05/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6113 of 2025
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BALVANTSINH GUMANSINH CHAUHAN & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR HB SINGH(2073) for the Petitioner(s) No. 1,2,3,4
MS TANUSHREE SHRIMAL ASSISTANT GOVERNMENT PLEADER for
the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 05/05/2025
ORAL ORDER
1. Heard learned advocate Mr. H. B. Singh appearing
for the petitioners and learned Assistant
Government Pleader Ms. Tanushree Shrimal
appearing for the respondent - State.
2. Learned advocate Mr. H. B. Singh appearing for
the petitioners places on record a draft
amendment and the same is taken on record and
granted.
3. RULE returnable forthwith. Ms. Tanushree
Shrimal, the learned Assistant Government
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C/SCA/6113/2025 ORDER DATED: 05/05/2025
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Pleader waives service of rule on behalf of the
respondents. By consent, the matter is taken up
for final disposal.
4. The present Special Civil Application is filed
praying for the following reliefs :-
"(a) to admit and allow this petition.
(b) YOUR LORDSHIPS may be pleased to issue
a writ of mandamus or any other
appropriate writ, order or direction,
directing the respondents to forthwith
revise the pension and gratuity by
counting their services from the date of
joining till date of retirement or death,
in the light of settled law and binding
position of law as mentioned herein above;
and make the payment of arrears to the
petitioners accordingly with interest @
12% per from;
(c) During the pendency and final disposal
of the present petition, YOUR LORDSHIPS
may be pleased to direct the respondents
to revise the pension and gratuity by
counting their services from the date of
joining till date of retirement or death,
in the light of settled law and binding
position of law as mentioned herein above;
and make the payment of arrears to the
petitioners accordingly with interest @
12% per from;
(d) Pass any such other and/or further
orders that may be thought just and
proper, in the facts and circumstances of
the present case."
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C/SCA/6113/2025 ORDER DATED: 05/05/2025
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5. The learned counsel for the petitioners also
submits that the petitioners are entitled to
revision in pension as well as gratuity by
calculating the benefits from the date of
initial appointment. In support of his
contention, he relies upon the judgment of this
Court in case of Executive Engineer, Panchayat
(Maa & M) Department vs. Samudabhai Jyotibhai
Bhedi [2017(4) GLR 2952]. He submits that the
present petitioners are similarly placed and
hence, they are entitled to all the benefits
from the initial date of appointment which has
been followed by the respondents in the cases of
various employees.
6. The learned Assistant Government Pleader does
not dispute that the State Government has
accepted the decision of this Court in
Samudabhai Jyotibhai Bhedi (supra).
7. In view of the above submissions, the
respondents shall undertake a scrutiny of the
case of the petitioners and if the petitioners
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C/SCA/6113/2025 ORDER DATED: 05/05/2025
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are found to be eligible, then the respondents
shall consider the proposal for grant of retiral
benefits from the date of initial appointment
and pass appropriate orders within eight weeks
from the date of receipt of this order in
accordance with the prevalent Government
Resolutions in force. It is clarified that this
Court has not gone into the merits of the
matter.
8. With the aforesaid observations, the present
Special Civil Application stands disposed of.
Rule is made absolute to the aforesaid extent.
No order as to costs.
(NIRZAR S. DESAI,J)
Pallavi
