Vijaysinh Takhatsinh Rajput vs State Of Gujarat
2025 Latest Caselaw 6568 Guj

Gujarat High Court

Vijaysinh Takhatsinh Rajput vs State Of Gujarat on 12 September, 2025

Author: Nikhil S. Kariel

Bench: Nikhil S. Kariel

                                                                                                            NEUTRAL CITATION




                            C/SCA/2706/2025                                   ORDER DATED: 12/09/2025

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                    R/SPECIAL CIVIL APPLICATION NO. 2706 of 2025

                     ==========================================================
                                          VIJAYSINH TAKHATSINH RAJPUT & ORS.
                                                        Versus
                                               STATE OF GUJARAT & ORS.
                     ==========================================================
                     Appearance:
                     MR YOGEN N PANDYA(5766) 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,
                     33,34,4,5,6,7,8,9
                     MS TANUSHREE SHRIMAL, AGP for the Respondent(s) No. 1
                     MR HS MUNSHAW(495) for the Respondent(s) No. 2,3,4,5
                     ==========================================================

                          CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                                         Date : 12/09/2025
                                                          ORAL ORDER

1. Heard learned Advocate Mr. Yogen Pandya for the petitioners,

learned AGP Ms. Tanushree Shrimal for the respondent-State and learned

Advocate Mr. H.S. Munshaw for the respondents No. 2 to 5.

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 7 th

Pay Commission.

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

NEUTRAL CITATION

C/SCA/2706/2025 ORDER DATED: 12/09/2025

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"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 18 th October, 2016 read with the modified directions issued in Miscellaneous Civil Application No. 375 of 2017 and accordingly confer the benefits of 6 th 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 01 st 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.

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 copy of this

order.

Direct service is permitted.

(NIKHIL S. KARIEL,J) BDSONGARA