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Gujarat High Court
Taral Mayurkumar Shankarlal vs State Of Gujarat on 22 April, 2026
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/5725/2026 ORDER DATED: 22/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5725 of 2026
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TARAL MAYURKUMAR SHANKARLAL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR GAURAV K MEHTA(5227) for the Petitioner(s) No. 1
MR. PARTH PATEL ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 22/04/2026
ORAL ORDER
1 Heard 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 and allow the present petition;
(B) YOUR LORDSHIPS may 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 by not extending the benefit
of 15% NPPA as per the 7th Pay Commission
from the date of their services are being
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C/SCA/5725/2026 ORDER DATED: 22/04/2026
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regularized and further be pleased to hold
the said action 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 benefit of 15% NPPA as per 7th
Pay Commission from the date of their
services are being regularized along with
the interest @ 6% on the amount of
arrears, in view of the law laid down by
the Division Bench of the Hon'ble High
Court of Gujarat in the judgement dated
19-7-2018 passed in Letter Patent Appeal
No.907 of 2016 (Hereto marked as Annexure
- 'C') and other allied matters, which has
been confirmed by the Hon'ble Supreme
Court of India by the order dated 7-9-2020
passed in Special Leave Petition Diary
No.17681 of 2020 (Hereto marked as
Annexure 'D').
(D) Your Lordships may be pleased to issue
appropriate writ order or direction to
consider the representation dated
01/04/2026 (Hereto marked as Annexure-'K')
made by the petitioners requesting the
respondents to extend the benefit of 15%
NPPA from the date of their services are
being regularized in light of the law laid
down by the Division Bench of the Hon'ble
High Court of Gujarat in the judgement
dated 19-7-2018 passed in Letter Patent
Appeal No.907 of 2016 (Hereto marked as
Annexure - 'C') and other allied matters,
which has been confirmed by the Hon'ble
Supreme Court of India by the order dated
7-9-2020 passed in Special Leave Petition
Diary No.17681 of 2020 (Hereto marked as
Annexure 'D').
(E) YOUR LORDSHIPS may be pleased to pass
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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. Gaurav Mehta,
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. Gaurva Mehta states that
the petitioner intend to make a separate fresh
representation to the respondents and the 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
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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. Gaurav Mehta.
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 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
31.09.2026.
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6. In case, if the petitioner' 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 case, if the respondent - Animal Husbandry
Department has to decide the representation, copy of
this order may be served upon the Animal Husbandry
Department as well by the petitioner.
8. 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)
Pallavi
