Jigneshkumar Maganbhai Parmar vs State Of Gujarat
2025 Latest Caselaw 89 Guj

Gujarat High Court

Jigneshkumar Maganbhai Parmar vs State Of Gujarat on 2 May, 2025

Author: Nirzar S. Desai

Bench: Nirzar S. Desai

                                                                                                           NEUTRAL CITATION




                             C/SCA/17281/2022                               ORDER DATED: 02/05/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                      R/SPECIAL CIVIL APPLICATION NO. 17281 of 2022

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                                              JIGNESHKUMAR MAGANBHAI PARMAR
                                                            Versus
                                                   STATE OF GUJARAT & ANR.
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                       Appearance:
                       MR GAURAV K MEHTA(5227) for the Petitioner(s) No. 1
                       MR. SANJAY UDHWANI, AGP ON ADVANCE COPY SERVED TO
                       GOVERNMENT PLEADER/PP for the Respondent(s) No. 1
                       DS AFF.NOT FILED (N) for the Respondent(s) No. 1,2
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                          CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                                       Date : 02/05/2025

                                                        ORAL ORDER

1. Heard learned advocate Mr. Rajkumar Mistry for learned

advocate Mr. Gaurav K. Mehta for the petitioner.

2. By way of this petition, the petitioner has prayed for the following reliefs:-

(A)YOUR LORDSHIPS may be pleased to admit the present petition;

(B)YOUR LORDSHIPS be pleased to issue appropriate writ, order or direction for quashing and setting aside the illegal, arbitrary, unjust, unfair and discriminatory action of the respondent authorities for not considering the case of the Petitioner by extending the benefit of 15% NPPA even though the said NPPA is a part of pay as per the 6 th and 7th Pay Commission and further be pleased to hold the same action

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on the part of the respondent authorities as bad at law.

(C)YOUR LORDSHIPS may be pleased to issue appropriate writ, order or direction directing the respondent authorities to extend the benefits of 15 % NPPA in view of the law laid down by this Hon'ble Court as per the 6 th and 7th Pay Commission in view of the law laid down by this Hon'ble Court in the judgement dated 4-2-2022 passed in SCA No. 1519 of 2022 and order dated 5-5-2022 passed in SCA No. 6566 of 2022.

(D) Your Lordships may be pleased to impose the cost upon the respondent authority and the same may be ordered to be given to the petitioners as the cost of this litigation.

(E) YOUR LORDSHIPS may be pleased to pass such other and further orders that may be deemed just and proper in the facts and circumstances of the present case.

3. However, though the aforesaid relief is prayed by the petitioner,

learned advocate Mr. Mistry, upon instructions, states that at this

juncture, instead of pursuing the petition any further, the

petitioner by reserving liberty to file a fresh petition, in case, if

the respondents decide the case of the petitioner against him,

wants to make a representation to the respondent authorities for

the aforesaid prayer.

4. Learned advocate Mr. Mistry states that the petitioner intends to

make a fresh representation to the respondents and the

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C/SCA/17281/2022 ORDER DATED: 02/05/2025

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respondents may be directed to consider the same in light of

identical issue decided by this Court vide common oral

judgment dated 28.03.2016 passed in Special Civil Application

No. 10953 of 2014 and allied matters in case of Gunvantrai

Narmadashankar Vyas and others V/s. State of Gujarat and

others and which has been confirmed by the Division Bench of

this Court in case of State of Gujarat V/s. Gunvantrai

Narmadashankar Vyas vide common oral judgment dated

19.07.2018 in Letters Patent Appeal No. 907 of 2016 and allied

matters. It is brought to the notice of the Court that even the

decision of the Letters Patent Appeal also was carried before the

Hon'ble Supreme Court and State has failed and therefore, the

petitioner's representation is required to be decided in light of

above decision as stated by learned advocate Mr. Mistry.

5. Considering the aforesaid innocuous prayer, the petitioner may

make a representation to the respondents authorities within a

period of one month from today and in case if such

representation is made by the petitioner, the respondents

authorities are directed to consider the same in accordance with

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law and by taking into consideration the above referred

decisions of the learned Single Judge and confirmed by the

Division Bench and Hon'ble Supreme Court and to pass a

reasoned order in this regard latest by 31.07.2025.

6. In case, if the petitioner's representation is not considered

positively, the respondents are directed to pass a reasoned order

and liberty is reserved in favour of the petitioner to challenge the

same.

7. In view of above, the present petition is disposed of. Needless to

say that this Court has not examined the merits of the matter.

(NIRZAR S. DESAI,J) VARSHA DESAI