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Gujarat High Court
Patel Umedbhai Chhaganbhai vs State Of Gujarat on 9 April, 2026
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/4915/2026 ORDER DATED: 09/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4915 of 2026
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PATEL UMEDBHAI CHHAGANBHAI & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR NK MAJMUDAR(430) for the Petitioner(s) No.
1,10,100,101,102,103,104,105,106,107,108,109,11,110,111,112,113,114,115
,116,117,118,119,12,120,121,122,123,124,125,126,127,128,129,13,130,131,
132,133,134,135,136,137,138,139,14,140,141,142,143,144,145,146,147,148,
149,15,150,151,152,153,154,155,156,157,158,159,16,160,161,162,163,164,1
65,166,167,168,169,17,170,171,172,173,174,175,176,177,178,179,18,180,18
1,182,183,184,185,186,187,188,189,19,190,191,192,193,194,195,196,197,19
8,199,2,20,200,201,202,203,204,205,206,207,208,209,21,210,211,212,213,2
14,215,216,217,218,219,22,220,221,222,223,224,225,226,227,228,229,23,23
0,231,232,233,234,235,236,237,24,25,26,27,28,29,3,30,31,32,33,34,35,36,37
,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,51,52,53,54,55,56,57,58,59,6,60
,61,62,63,64,65,66,67,68,69,7,70,71,72,73,74,75,76,77,78,79,8,80,81,82,83,8
4,85,86,87,88,89,9,90,91,92,93,94,95,96,97,98,99
MS FORAM TRIVEDI, GOVERNMENT PLEADER Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 09/04/2026
ORAL ORDER
1. Heard learned advocate Mr. Shivam Majmudar
appearing on behalf of the petitioners and learned Assistant
Government Pleader appearing on behalf of the respondent
- State.
2. Learned advocate Mr. Majmudar would submit that
the case of the petitioners would be covered by order dated
12.03.2018 rendered in Letters Patent Appeal No.77/2018.
Learned advocate would draw the attention of this Court to
observations of Hon'ble Division Bench of this Court at
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C/SCA/4915/2026 ORDER DATED: 09/04/2026
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para- 10 and 11 of the said decision. The same are
reproduced hereinbelow for benefit:-
"10. Therefore, we conclude that anomaly which was crept
by applying incorrect method of calculation of total
emoluments by not treating NPPA as a part of 'basic pay'
was corrected under Gujarat Civil Services (Revision of
Pay) Rules 2009 which came into force with effect from
01.01.2006 vide notification dated 27.02.2009 read with
G.R. dated 25.06.2010 by the Finance Department
Government of Gujarat upon revision of rates for Non
Private Practicing Allowance based on 6th Central Pay
Commission Clause (4) once again treats Non Private
Practicing Allowance as pay for the purpose of computing
Dearness Allowance, entitlement of Travelling Allowance
and other allowances as well as for calculation of retirement
benefits. Thus G.R. dated 20.01.1998 explaining the term
'pay' for the purpose of Dearness Allowance to include Non
Private Practicing Allowance remained in force or rather
reiterated in G.R. dated 25.06.2010 by the Finance
Department of Government of Gujarat. That such was not
the case only for the interregnum period or year 2005 to
2009 based on powers of the State Government to accept the
recommendations of 5th Pay Commission in toto and to rely
on Part B of Rule 7 of the Gujarat Civil Services (Revision of
Pay) Rules 1998 in which NPA did not form or was rather
not included in the definition of either basic pay or existing
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C/SCA/4915/2026 ORDER DATED: 09/04/2026
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emoluments. Further revised emoluments do accept Non
Private Practicing Allowance in 1998 and 2009 Revision of
Pay Rules.
11. Therefore, we find the order and directions of the
learned Single Judge impugned in this group of appeals are
based on proper analysis of relevant Revision of Pay Rules,
Government Resolutions, Office Memorandums governing
the subject of NPA/NPPA to which we are in agreement with
and NPA/NPPA is not to be divested of the term 'Pay' for the
purpose of computing dearness allowance and emoluments.
We find no merit in all these appeals and they are hereby
dismissed."
3. Learned advocate would submit that since the
petitioners are identically situated to the employees in the
said group of appeals, therefore, learned advocate would
submit that the petitioners may be permitted to make a
representation to the respondents and whereas, the
respondents may be directed to consider the case of the
petitioners in light of the observations of the Hon'ble
Division Bench.
4. Considering such a position, the following directions, to
this Court, would meet with the ends of justice:-
(i) The petitioners are permitted to prefer a
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representation more particularly pointing out that
the petitioners would be similarly situated to the
employees before the Hon'ble Division Bench in
Letters Patent Appeal No.77/2018 and whereas,
they would be entitled to the benefits as per the
observations of the Hon'ble Division Bench
reproduced hereinabove.
(ii) The petitioners shall tender their
representations to the respondent authorities by
07.11.2025 and whereas, the respondent
authority shall take an appropriate decision
thereupon within a period of ninety (90) days
thereafter.
(iii) It is clarified that the representation shall be
addressed to the respective parent department
with a copy to the Secretary, Finance Department
and whereas, the authorities in coordination and
concurrence with each other shall take an
appropriate decision within the time stipulate
hereinabove and whereas, a reasoned order shall
be passed within the said time period.
(iv) The petitioners shall also be entitled to
request in case their primary grievance is
assuaged to fix the pay to the petitioners for
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appropriate pay fixation.
5. With the above directions, the petition stands disposed
of. In case the petitioners are aggrieved by the said
decision,it would be open for the petitioners to avail
appropriate remedy in accordance with law. It is clarified
that this Court has not made any observations on the
merits of the matter and whereas, the State shall take an
appropriate decision strictly in accordance with law and in
accordance with the extant policy of the State Government.
Direct service is permitted.
(NIRZAR S. DESAI,J)
UMESH/-
