C/SCA/4872/2026 ORDER DATED: 09/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 4872 of 2026 ========================================================== KHALIFA MAHAMMAD RAFIQUE REHEMANBHAI & ANR. Versus THE STATE OF GUJARAT & ORS. ========================================================== Appearance: MR VK JOSHI(2329) for the Petitioner(s) No. 1,2 MR HENIL SHAH AGP for the Respondent(s) No. 1,2,3,4 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 09/04/2026 ORAL ORDER 1. Heard learned Advocate Mr. V.K. Joshi for the petitioners and learned AGP Mr.Henil Shah for the respondent State. 2. By way of this petition, the petitioners pray for the following reliefs:- “(A) Your Lordship may be pleased to admit and allow this petition; B) Your Lordships may be pleased to issue a writ of mandamus and/or any other appropriate writ, order and shall be pleased to direct the Respondent authorities to extend the benefit of 7th Pay Commission Report w.e.f. 1/1/2016 onwards and pay the arrears arising from such revision of pay as per 7th Pay Commission Report to the petitioners with 12% interest. Page 1 of 4 C/SCA/4872/2026 ORDER DATED: 09/04/2026 (C) Your Lordships may be pleased to grant such other and further relief that may be deemed fit and proper in the facts and circumstances of the case.” 3. Considering the submissions made by learned Advocate Mr. Joshi, it would appear that the petitioners herein, though having been paid all the benefits as entitled to under G. R. dated 17.10.1988, the petitioners have not been given benefits of revision of pay under the recommendations of 7 th Pay Commission with arrears w.e.f. 1.1.2016 with interest at the rate of 6% per annum. 4. Learned Advocate Mr. Joshi would draw the attention to this Court to Government Resolutions dated 16.8.2016, 12.9.2017 and 13.5.2022, whereby the respondent State had resolved to pay its employees the benefits of the recommendations of 7th Pay Commission. It also appears that the last Resolution dated 13.5.2022 is specifically with regard to employees of the nature of the present petitioners. 5. Considering the same, it would appear that the State Government already having taken a policy decision with regard to paying benefits of revision of pay as per recommendation of 7th Pay Commission, there was no reason to deny the benefits C/SCA/4872/2026 ORDER DATED: 09/04/2026 to the present petitioners. 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 regular employee and upon attaining the status of regular employee, he would be entitled to all the benefits as are available to a regular employee. 6. Having regard to such a position of law and since the State has already taken a policy decision by way of Resolution to pay its employees revision of pay as per the recommendation of 7th Pay Commission, the present petition is disposed of with the following directions :- 1. The respondents shall pay to the petitioners the arrears of revision of pay as per the recommendation of 7th Pay Commission from 1.1.2016 as per the policy of the State Government; 2. The above exercise shall be completed within a period of six weeks from the date of receipt of this order and whereas in case the amount is not paid within six weeks, the amount shall carry interest at the rate of 6% p.a., C/SCA/4872/2026 ORDER DATED: 09/04/2026 from the date of filing of the petition. 7. With the above observations and directions, the petition stands disposed of as allowed to the aforesaid extent. Direct service is permitted. (NIRZAR S. DESAI,J) BHAVIN MEHTA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 09/04/2026 17:49:17