Gujarat High Court
Rajesh Harjibhai Tarpada vs State Of Gujarat on 9 September, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/21872/2022 ORDER DATED: 09/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 21872 of 2022
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RAJESH HARJIBHAI TARPADA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR. MUKESH T MISHRA(5900) for the Petitioner(s) No. 1
MS NIRALI SARDA ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 09/09/2025
ORAL ORDER
1. Heard learned Advocate Mr. Mukesh Mishra on behalf of the
petitioner and learned Assistant Government Pleader Ms. Nirali Sarda on
behalf of respondent- State.
2. By way of present petition the petitioner has prayed for following
relief/s:
"11.(A) That Your Lordships be pleased to issue an order, direction
and/or writ in the nature of certiorari and/or any other appropriate writ,
order or direction, modifying the order dated 17-12-2021 issued by
respondent and direct the respondents to grant the benefit of G.R. dated
17-10-1998 considering the services of the petitioner from his initial date
of appointment 1.0. 1-1-1989 and pay the arrears as per Fifth, Sixth &
Seventh Pay Commission recommendation arising out of the same with 6
of interest from the date of Award which is 10-3-2010:
(B) Your Lordships be pleased to direct the respondents to grant the
fringe benefits like TA, DA, HRA, LTC, Leave Encashment and Transport
Travelling Allowance as per the order and judgment passed by this Hon'ble
NEUTRAL CITATION
C/SCA/21872/2022 ORDER DATED: 09/09/2025
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court on 21-8-2021 in LPA No.1764/2019:
(C) Pending admission and final disposal of this petition, Your Lordships
be pleased to direct the respondents to pay the Seventh Pay Commission
from 1-1-2016 also direct to open the GPF account of the petitioner with
retrospective effect:
(D) Any other and such further relief as the Hon'ble court deems fit and
proper in the interest of justice together with costs;"
3. Learned Advocate Mr. Mishra would submit that as of now, the
petitioner would be pressing the prayer so far as grant of revision of pay as
per the recommendation fo 7th Pay Commission with arrears with effect
from 01.01.2016 and whereas liberty may be granted to the petitioner to file
afresh, for the other reliefs.
4. Considering the request, the petition is taken up only on the aspect of
revision of pay under the recommendation of 7 th Pay Commission with
appropriate arrears and liberty is being reserved in favour of the petitioner
for remaining prayers.
5. Learned Advocate Mr.Mishra would draw the attention to this Court
to Government Resolutions dated 16.8.2016, 12.9.2017 and 13.5.2022,
whereby the respondent State had resolved to pay its employees the benefits
of the recommendations of 7th Pay Commission. It also appears that the last
Resolution dated 13.5.2022 is specifically with regard to employees of the
nature of the present petitioner.
6. Considering the same, it would appear that the State Government
already having taken a policy decision with regard to paying benefits of
NEUTRAL CITATION
C/SCA/21872/2022 ORDER DATED: 09/09/2025
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revision of pay as per recommendation of 7 th Pay Commission, there was no
reason to deny the benefits to the present petitioner. It also requires to be
mentioned that by now it is well settled position of law. more particularly as
per the law propounded by the Hon'ble Apex Court that upon completion
of requisite number of years, a person who has entered service as daily-rated
employee would attain the status of regular employee and upon attaining the
status of regular employee, he would be entitled to all the benefits as are
available to a regular employee.
7. Having regard to such a position of law and since the State has
already taken a policy decision by way of Resolution to pay its employees
revision of revision of pay as per the recommendation of 7th Pay
Commission, the present petition is disposed of with the following
directions :-
[1] The respondents shall pay to the petitioner the arrears of revision
of pay as per the recommendation of 7 th Pay Commission from
1.1.2016 as per the policy of the State Government;
[2] The above exercise shall be completed within a period of six
weeks from the date of receipt of this order and whereas in case the
amount is not paid within six weeks, the amount shall carry interest at
the rate of 6% p.a., from the date of filing of the petition.
8. With the above observations and directions, the petition stands
disposed of as allowed to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
NIRU
