Gujarat High Court
Patel Apurvakumar Dipakbhai vs State Of Gujarat on 10 October, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/7555/2023 ORDER DATED: 10/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7555 of 2023
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PATEL APURVAKUMAR DIPAKBHAI & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR NK MAJMUDAR(430) for the Petitioner(s) No. 1,2,3,4,5
MR ADITYA PATHAK ASSTT. GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 10/10/2025
ORAL ORDER
1. By way of this petition, the petitioners have prayed for the following
relief.
"(B) Be pleased to issue appropriate writ, order or direction and thereby be
pleased to hold that the inaction of the respondents authorities to revise the
rates of NPPA as recommended by 7th CPC and not making payment for
NPPA to the petitioners as per the Gujarat Civil Services (Revision of
Pay) Rules, 2016 with effect from 01.01.2016 or the date of joining as
the case may be, as illegal, unjust, unfair, arbitrary, illogical and against
the principles of nature justice and the said action of the respondents
authorities of making payment of NPAA as per 7 th Pay Commission
Rules may be quashed and set aside.
(C) Be pleased to grant interim relief and by way of interim order, be pleased
to direct the respondent - authorities to make payment of NPPA as per
the prescribed 7th Pay Revision of pay rules, revise the basic pay to the
petitioners with effect from 01.01.2006 or the date of regular appointment
as applicable as rationalized by the 7 th CPC and the entire arrears
pursuant to the said NPPA revision may be ordered to be paid with 12%
simple interest from 01.01.2016 from the date of entitlement till the
actual date of payment and the authorities maybe further directed to
continue to pay NPPA as per the 7 th Pay rules, under the Gujarat Civil
Services (Revision of Pay) Rules, 2016."
NEUTRAL CITATION
C/SCA/7555/2023 ORDER DATED: 10/10/2025
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2. Learned advocate Mr. Shivam Majmudar appearing for the petitioners
would submit that the issue raised in the present petition is similar to issue
raised in the Special Civil Application No. 10953 of 2014 and cognate
matters, which has been decided by the Co-ordinate Bench of this Court
(Coram : Hon'ble Mr. Justice J B. Pardiwala) vide common judgment dated
28.03.2016. Learned advocate for the petitioners would further submit that
the said decision has been challenged by the State before the Hon'ble
Division Bench and whereas Hon'ble Division Bench (Coram : Hon'ble Ms.
Harsha Devani and Hon'ble Mr. Justice A.S. Supehia) vide judgement dated
19.07.2018 have been pleased to confirm the decision of the Hon'ble Single
Judge. Learned advocate for the petitioners would further submit that the
decision of Hon'ble Division Bench confirming the decision of Hon'ble
Single has been challenged before the Hon'ble the Supreme Court and
whereas the Hon'ble Supreme Court vide order dated 07.09.2020. Hon'ble
Apex Court had been pleased to decline condoning delay in the Special
Leave Petition (Civil) Diary No. 17681 of 2020.
3. As against the same, learned Assistant Government Pleader has
submitted that as far as the proposition of law as laid down by Hon'ble
Single Judge and the Division Bench, he may not be able to controvert the
same.
4. Having regard to the submissions made by the learned advocates for
the parties, it prima facie appears that the petitioners before this Court as
well as petitioners in the group of petitions referred to hereinabove appear
to be similarly situated. Having regard to the same, the aspect of similarity
requires to be verified at this stage of the Government itself and whereas
appropriate directions for granting of benefit as available to the petitioners
in Special Civil Application No. 10953 of 2014 are required to be passed.
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C/SCA/7555/2023 ORDER DATED: 10/10/2025
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5. In view of the above, the following directions are passed:
(a) The petitioners to prefer an individual representation to
respondent No. 1 - The Secretary of Agriculture and Co-
operation Animal Husbandry Department and respondent
No.3 - The Director of Animal Husbandry Department. The
petitioners to prefer such representation within a period of six
weeks from the date of receipt of the order of this Court.
(b) The respondents shall decide such representations in the light
of the decisions of this Court dated 28.03.2016 passed in
Special Civil Application No. 10953 of 2014 and the decision
dated 19.07.2018 passed in Letters Patent Appeal No. 907 of
2016, as regards entitlement of the petitioners to claim
extension of benefit of 15% of NPPA.
(c) Respondents Nos.1 and 3 shall consider such individual
representations and decide the same in the light of the
observations of this Court hereinabove within a period of
fourteen weeks from the date of representation of each of the
petitioners.
(d) In case, such petitioners were deemed to be entitled for
extension of 15% NPPA, the same shall be paid in the light of
the observations of this Court in Special Civil Application No.
10953 of 2014 and cognate matters and Letters Patent Appeal
No. 907 of 2016 and cognate matters.
(d) Sofar as those persons, who are declared not to be entitled for
the said benefits, respondents Nos.1 & 3 shall inform the
petitioners in writing with reasons as regards their non
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C/SCA/7555/2023 ORDER DATED: 10/10/2025
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entitlement. Liberty to approach, if aggrieved by the said
rejection.
(e) The petitioners, who are declared to be entitled for the 15%
NPPA, the arrears shall be paid within a period of four months
from the date of decision of respondents Nos. 1 & 3.
6. It is further clarified that in case the appropriate payments are not
made to the persons, who are deemed to be entitled to the benefit of 15%
NPPA within a period of four months of the passing of the order by
respondents Nos. 1 & 3, then such petitioners shall be entitled to claim 6%
interest from the date of the filing of the petition.
7. With the aforesaid observations and directions, the petition is
disposed of. Consequentially, the Civil Applications stand disposed of.
Direct service is permitted.
(NIKHIL S. KARIEL,J)
Y.N. VYAS
