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C/SCA/18298/2022 ORDER DATED: 22/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 18298 of 2022 With R/SPECIAL CIVIL APPLICATION NO. 19461 of 2022 With R/SPECIAL CIVIL APPLICATION NO. 22241 of 2022 With R/SPECIAL CIVIL APPLICATION NO. 12723 of 2023 ======================================================== ARVINDBHAI OGHADBHAI SHIYAL & ANR. Versus STATE OF GUJARAT & ORS. ======================================================== Appearance: MS ASHLESHA M PATEL(6127) for the Petitioner(s) No. 1,2 MR HS MUNSHAW(495) for the Respondent(s) No. 2,3,4 MS NIRALI SARDA AGP for the Respondent(s) No. 1 ========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 22/08/2025
COMMON ORAL ORDER
1. Heard learned Advocate Ms. Ashlesha Patel on behalf of the petitioners, learned Assistant Government Pleader Ms. Nirali Sarda on behalf of respondent- State and learned Advocate Mr. H.S.Munshaw on behalf of respondent no, 2 to 4.
2. Attention of this Court is drawn by learned Advocate Ms. Patel to an orders dated 27.02.2024 and 28.02.2024 passed by this Court whereby this Court had inter alia recorded that the Board may be given appropriate time to consider proposal for grant of benefit of 7th Pay Commission to employees who had originally joined the services of the respondent- Board from 17.10.1988 to 30.11.1994.
3. Learned Advocate would submit that in some of the cases, the
C/SCA/18298/2022 ORDER DATED: 22/08/2025 respondents have not considered the case of the petitioners as per the direction and in some of the cases consideration has been done but after February 2025 payment have not been made as per the revision under the 7th Pay Commission.
4. In response, learned Advocate Mr. Munshaw would submit that the appropriate payment as per the revised scales could not be made on account of there being some issue with the grant received from the State Government and approval to be received from the Government. Learned Advocate would further submit that in some of the cases, proposals had been moved and the State having approved from the date of the proposal, further proposal for grant from the date of entitlement would be moved. Learned Advocate would submit that given some time, the needful will be done.
5. Considering the submissions made by learned Advocate Mr.Munshaw, and having perused the documents on record it would appear to this Court that as such, the entitlement of the petitioners i.e employees working between 17.10.1988 to 30.11.1994 originally having joined as daily wagers, is not being questioned either by the State or by the respondent – Board. To this Court it would appear that the issue is with regard to compliance only and whereas having regard to the statement made by learned Advocate Mr. Munshaw, to this Court the present petitions could be
disposed of with the following terms: [1] The respondent- Board to take appropriate steps to ensure that the entitlement of the petitioners for grant of revised pay scale as per the recommendation of the 7th Pay Commission is from 01.01.2016, is submitted to the State Government.
C/SCA/18298/2022 ORDER DATED: 22/08/2025 [2] The State through the Narmada Water Resource Water Supply and Kalpsar Department to take appropriate steps as regards the proposal sent by the respondent-Board as expeditiously as possible. [3] The respondent- Board shall take appropriate care to ensure that employees whose entitlement has already been accepted by the State, shall be paid to the benefits regularly. [4] Furthermore arrears from 01.01.2016 to the date of payment shall be made within a period of six months. [5] The above exercise of consideration shall be completed within a period of three months and the arrears shall be made within a period of further three months .
6. With the above directions, the petitions stand disposed of. Direct service is permitted.
(NIKHIL S. KARIEL,J) NIRU Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: NIRU ROSHAN SHAH(HC00211), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 25/08/2025 11:01:53