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C/SCA/10288/2024 ORDER DATED: 07/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 10288 of 2024 ========================================================== PATEL JAYANTILAL RAMABHAI Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MS ASHLESHA M PATEL(6127) for the Petitioner(s) No. 1 MS TANUSHREE SHIMAL, AGP for the Respondent(s) No. 1 MR ANKIT Y BACHANI(5424) for the Respondent(s) No. 2 NOTICE SERVED for the Respondent(s) No. 1,3 ==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 07/08/2025 ORAL ORDER
1. Heard learned Advocate Ms. Ashlesha M. Patel on behalf of the petitioner, learned Assistant Government Pleader Ms. Tanushree Shrimal on behalf of respondent- State and learned Advocate Mr. Ankit Y. Bachani on behalf of the respondent No.2.
2. Learned advocate for the petitioner has drawn the attention of this Court to various orders passed by Division Bench of this Court as well as Hon’ble Supreme Court insofar as the issue is concerned.
3. Reliance is placed heavily on order of Hon’ble Division Bench dated 26.03.2025 in Civil Application (for condonation of delay) No. 6132 of 2024 in Letters Patent Appeal No. 462 of 2025 and allied matters more particularly where decision of the Hon’ble Supreme Court dated 20.02.2025 in Miscellaneous Application Diary No. 2400 of 2024 has been referred. Reliance is also placed on decision of the Hon’ble Supreme Court in case of Union of India & Anr. vs. M. Siddaraj dated
19.05.2023.
C/SCA/10288/2024 ORDER DATED: 07/08/2025
4. Having heard the learned Advocates for the respective parties, more particularly on a broad consensus arrived at, to this Court, it would appear that the following directions would meet with the ends of justice: [1] The petitioner to file appropriate representation with the State Government i.e. the concerned Head of Department for grant of benefit of one increment and any other consequential benefits. [2] The said representation to be filed within a period of 15 days from today. [3] The said representation shall be decided by the Head of Department/State Authorities within a period of three months from the date of receipt thereafter. [4] The State Authority shall take into consideration decisions of the Hon’ble Supreme Court as well as this Court on the subject matter more particularly on the observation of the Hon’ble Supreme Court vide order dated 20.02.2025 in Miscellaneous Application Diary No. 2400 of 2024 referred to hereinabove and all such other orders of the Hon’ble Supreme Court. [5] Upon the State taking a decision on the representation, if the petitioner has any further grievance then it would be open for the petitioner to avail appropriate remedy as available to the petitioner in accordance with law.
C/SCA/10288/2024 ORDER DATED: 07/08/2025
5. With the above observations and directions, petition stands
disposed of. It is clarified that this Court has not made any observations on the merits of the matter.
(NIKHIL S. KARIEL,J) BDSONGARA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHUPENDRASINH DHANESINH SONGARA(HC01082), Private Secretary, at High Court of Gujarat on 07/08/2025 19:02:11