C/SCA/6498/2025 ORDER DATED: 17/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6498 of 2025 ========================================================== BHUPATBHAI LAKHABHAI RATHOD Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR MUKESH H RATHOD(2432) for the Petitioner(s) No. 1 MS TANUSHREE SHRIMAL, ASST. GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3,4 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 17/07/2025 ORAL ORDER 1. Learned advocate Mr. Mukesh H. Rathod for the petitioner states that the petitioner has already received the benefits of the 6th Pay Commission and hence, the only grievance of the petitioner is in respect of benefit of 7 th Pay Commission. Accordingly the matter was taken up in view of the above statement. 2. Heard learned advocate Mr. Mukesh Rathod appearing for the petitioner and learned Assistant Government Pleader Ms.Shrimal appearing for the respondent – State. 3. With the consent of the learned advocates appearing for the respective parties, the matter was taken up for hearing. Hence, RULE. Learned Assistant Government Pleader waives the service of notice for and on behalf of the respondents – C/SCA/6498/2025 ORDER DATED: 17/07/2025 State. 4. By way of this petition, the petitioner has prayed for the following reliefs:- “A. This Hon’ble Court may be pleased to admit this petition. B. YOUR LORDSHIPS may be pleased to direct the present Respondents to grant/ extend the benefits of 7th Pay Commission from the date on which the petitioner entitled it w.e.f. 01.01.2016 and pay all consequential benefits including difference arrears to the petitioner in the interest of justice. C. Such other and further relief/s as the Hon’ble Court may deem just and proper in the facts and circumstances of the case may be pleased to grant to the petitioner.” 5. Considering the submissions made by learned Advocate Mr.Mukesh Rathod, 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 revision of pay as per the recommendations of the 7th Pay Commission, with arrears w.e.f. 01.01.2016 and interest at the rate of 6% per annum. 6. Learned Advocate Mr.Mukesh Rathod drew the attention of this Court to Government Resolutions dated 16.08.2016, 12.09.2017 and 13.05.2022, whereby the Respondent-State C/SCA/6498/2025 ORDER DATED: 17/07/2025 has resolved to grant its employees, the benefits as per the recommendations of the 7th Pay Commission. It also appears that the last Resolution dated 13.05.2022 is specifically with regard to employees like the present petitioner. 7. Considering the same, it would appear that the State Government already having taken a policy decision with regard to granting the benefits of the revision of pay, as per the recommendations of the 7th 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 a regular employee and upon attaining the status of a regular employee, he would be entitled to all the benefits, which are available to a regular employee. 8. Having regard to such a position of law and since, the Respondent- State has already taken a policy decision by way of Resolution to pay its employees revision of pay as per the recommendations of the 7th Pay Commission, the present C/SCA/6498/2025 ORDER DATED: 17/07/2025 petition is disposed of as allowed, with the following directions:- (i) The respondents shall pay the petitioner the arrears of revision of pay as per the recommendation of the 7th Pay Commission with effect from 01.01.2016, as per the policy of the State Government. (ii) The above exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order and whereas, in case the amount of arrears is not paid within six weeks, the same shall carry interest at the rate of 6% p.a., from the date of filing of the petition. Direct service is permitted. (NIKHIL S. KARIEL,J) Bhoomi Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 17/07/2025 18:49:35