C/SCA/11780/2023 ORDER DATED: 06/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 11780 of 2023 ========================================================== MAHENDRABHAI KESHAVLAL PATEL Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MS DISHA N NANAVATY(2957) for the Petitioner(s) No. 1 MR ADITYA DAVDA, GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3,4 NOTICE SERVED for the Respondent(s) No. 5,6 ========================================================== CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 06/05/2025 ORAL ORDER 1. By way of this petition, the petitioner has prayed for the following reliefs; “15. … A. Your Lordships may be pleased to issue a writ of mandamus or any other writ, order or direction, directing the Respondents to fix the increment in accordance with the pay scale of the petitioner and to make payment of the increment from the date of its entitlement till the date of payment and extend all consequential benefits and reliefs emanating from such restoration; B. Pending admission and final hearing of the present petition, this Hon’ble Court be pleased to direct the Respondents to fix the increment in accordance with the pay scale of the Petitioner and to make payment of the increment C/SCA/11780/2023 ORDER DATED: 06/05/2025 from the date of its entitlement till the date of payment and extend all consequential benefits and reliefs emanating from such restoration; C. This Hon’ble Court be pleased to direct the Respondents to pay interest on the amount of arrears at the rate of 12% p.a. from the date of entitlement till the date of payment; D. Any other and further orders deemed fit and just in the interest of justice may kindly be granted.” 2. At the outset, learned Advocate, Ms. Nanavati, appearing for the petitioner submitted that the petitioner has received all the outstanding dues, as per his entitlement, but, the interest part is to be taken care of by the Respondents, yet, as the Respondents have not paid interest to the petitioner on the outstanding dues, which are paid just recently. 3. Learned AGP, Mr. Davda, appearing for the Respondent- State submitted that the prayers made by the petitioner in this petition are absolutely ambiguous with regard to the date, from which the petitioner is claiming interest and therefore, the State could not consider the interest aspect. It was, therefore, submitted that unless a specific date is provided by the petitioner, the Respondents shall not be in a position to calculate the interest. Page 2 of 4 C/SCA/11780/2023 ORDER DATED: 06/05/2025 4. In above view of the matter, learned Advocate, Ms. Nanavati, submitted that in that case, the petitioner shall make a representation to the Respondents within two weeks from today, specifying the date from which the petitioner is claiming the interest, and the Respondents be directed to decide the same in accordance with law, at the earliest. 5. Having heard the learned Advocates for the parties, this petition is being disposed of, by issuing the following directions; (1) The petitioner shall make a representation to the concerned DEO, specifying the date of his entitlement to get the interest, along with the relevant decisions of the Hon’ble Apex Court as well as of this Court; (2) The petitioner shall be also at liberty to rely on the GRs, which held the petitioner entitled to claim the interest and the rate of interest; (3) Such a representation shall be made by the petitioner within a period of two weeks from today to the concerned DEO, who shall, in turn, froward the same to the concerned higher authority, which is competent to take the decision in the matter, within one week thereafter, whereupon, the competent authority shall take a decision in the matter, in accordance with law, within a period of C/SCA/11780/2023 ORDER DATED: 06/05/2025 twelve weeks thereafter, by taking into consideration the decisions of the Hon’ble Apex Court as well as of this Court, so also the Grs, on which the petitioner has placed reliance on; (4) In the event, if, the Petitioner is not held entitled to get the interest, the Respondents shall pass a reasoned order and shall communicate the same to the petitioner by way of R.P.A.D. within the time period stated herein above; (5) If, the petitioner is held to be entitled to get the interest, then, the same shall be paid to him within the period of twelve weeks from the date of such a decision; (6) In case, if, the petitioner is aggrieved by the decision of the Respondents, then, it shall be open to the petitioner to challenge the same before this Court by way of filing a fresh petition; 5.1 It is clarified that this Court has not gone into the aspect, as to whether the petitioner is entitled to get the interest or not and the Respondents shall decide the same in accordance with law. Direct service is permitted. (NIRZAR S. DESAI,J) UMESH/- Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 06/05/2025 17:04:33