C/SCA/6113/2025 ORDER DATED: 05/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6113 of 2025 ===================================================== BALVANTSINH GUMANSINH CHAUHAN & ORS. Versus STATE OF GUJARAT & ANR. ===================================================== Appearance: MR HB SINGH(2073) for the Petitioner(s) No. 1,2,3,4 MS TANUSHREE SHRIMAL ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1,2 ===================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 05/05/2025 ORAL ORDER 1.Heard learned advocate Mr. H. B. Singh appearing for the petitioners and learned Assistant Government Pleader Ms. Tanushree Shrimal appearing for the respondent – State. 2.Learned advocate Mr. H. B. Singh appearing for the petitioners places on record a draft amendment and the same is taken on record and granted. 3. RULE returnable forthwith. Ms. Tanushree Shrimal, the learned Assistant Government C/SCA/6113/2025 ORDER DATED: 05/05/2025 Pleader waives service of rule on behalf of the respondents. By consent, the matter is taken up for final disposal. 4.The present Special Civil Application is filed praying for the following reliefs :- “(a) to admit and allow this petition. (b) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to forthwith revise the pension and gratuity by counting their services from the date of joining till date of retirement or death, in the light of settled law and binding position of law as mentioned herein above; and make the payment of arrears to the petitioners accordingly with interest @ 12% per from; (c) During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to direct the respondents to revise the pension and gratuity by counting their services from the date of joining till date of retirement or death, in the light of settled law and binding position of law as mentioned herein above; and make the payment of arrears to the petitioners accordingly with interest @ 12% per from; (d) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case.” C/SCA/6113/2025 ORDER DATED: 05/05/2025 5. The learned counsel for the petitioners also submits that the petitioners are entitled to revision in pension as well as gratuity by calculating the benefits from the date of initial appointment. In support of his contention, he relies upon the judgment of this Court in case of Executive Engineer, Panchayat (Maa & M) Department vs. Samudabhai Jyotibhai Bhedi [2017(4) GLR 2952]. He submits that the present petitioners are similarly placed and hence, they are entitled to all the benefits from the initial date of appointment which has been followed by the respondents in the cases of various employees. 6. The learned Assistant Government Pleader does not dispute that the State Government has accepted the decision of this Court in Samudabhai Jyotibhai Bhedi (supra). 7.In view of the above submissions, the respondents shall undertake a scrutiny of the case of the petitioners and if the petitioners C/SCA/6113/2025 ORDER DATED: 05/05/2025 are found to be eligible, then the respondents shall consider the proposal for grant of retiral benefits from the date of initial appointment and pass appropriate orders within eight weeks from the date of receipt of this order in accordance with the prevalent Government Resolutions in force. It is clarified that this Court has not gone into the merits of the matter. 8.With the aforesaid observations, the present Special Civil Application stands disposed of. Rule is made absolute to the aforesaid extent. No order as to costs. (NIRZAR S. DESAI,J) Pallavi Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 05/05/2025 17:26:58