IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 5884 of 2025 ===================================================== LALJIBHAI NAGJIBHAI JOSHI Versus THE STATE OF GUJARAT & ORS. ===================================================== Appearance: MR ND SONGARA(2198) for the Petitioner(s) No. 1 MS JANHVI N SONGARA(13254) for the Petitioner(s) No. 1 MR ADITYA DAVDA ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3 ===================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 08/05/2025 ORAL ORDER 1. Heard learned advocate Ms. Janhvi N. Songara appearing for the petitioner and learned Assistant Government Pleader Mr. Aditya Davda appearing for the respondents. With the consent of learned advocates appearing for the respective parties, the matter was taken up for final hearing. 2. RULE. Learned Assistant Government Pleader waives service of notice for and on behalf of p. 2 the respondents – State. 3. By way of this petition, the petitioner prays for the following reliefs:- “(A) Your Lordships may kindly be pleased to admit and allow this petition. (B) Your Lordships may kindly be pleased to issue Writ of Mandamus and/or any other writ, order or direction to direct the respondents to extend the benefits of Seventh Pay commission as per the Government Resolutions dated 12.09.2017 and 13.05.2022 (Annexure-F and G) and also direct the respondents to grant the arrears w.e.f. 01.01.2016 with interest @6% per annuam. (C) Pending hearing and final disposal of this petition, Your Lordships may kindly be pleased to direct the respondents to grant the benefits of Seventh Pay Commission w.e.f. 01.01.2016 with arrears. (D) Any other and further relief may kindly be granted as Your Lordships deemed fit, just and proper in the interest of justice.” 4. Considering the submissions made by learned Advocate Ms. Janhvi Songara, it would appear that the petitioner herein, though having been paid all the benefits as entitled to under Government Resolution dated 17.10.1988, the petitioner has not been given benefits of p. 3 revision of pay under the recommendations of Seventh Pay Commission, with arrears w.e.f. 1.1.2016 and with interest at the rate of 6% per annum. 5. Learned Advocate Ms. Janhvi Songara 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 Seventh Pay Commission. It also appears that the last Resolution dated 13.5.2022 is specifically with regard to employees like 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 revision of pay as per recommendation of Seven 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 p. 4 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 pay as per the recommendation of Seventh Pay Commission, the present petition is disposed of as Allowed with the following directions:- (1) The respondents shall pay to the petitioner the arrears of revision of pay as per the recommendation of Seventh Pay Commission from 1.1.2016 as per the policy of the State Government; p. 5 (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. Direct service is permitted. (NIRZAR S. DESAI,J) Pallavi