C/SCA/1400/2026 ORDER DATED: 05/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 1400 of 2026 ========================================================== LATE VINUBHAI MOTIBHAI SONI THROUGH SON AND LEGAL HEIR UDAYKUMAR VINUBHAI SONI Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR AS ASTHAVADI(3698) for the Petitioner(s) No. 1 MS NALANDA ACHARYA, AGP for the Respondent(s) No. 1,3,4,5,6 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 05/02/2026 ORAL ORDER 1. Heard learned advocate Mr. A. S. Asthavadi for the petitioner. By way of this petition, the legal heir of the deceased has prayed for following reliefs:- “A. YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction to hold that petitioner is entitled to 1st higher Pay Scale in cadre of Malaria Surveillance Inspector, Class III of Rs. 1200-2040 from 01.06.1987 as per GR dated 16.08.1994. B. YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents to revise the pay of the petitioner in Pay Scale of Rs.1200-2040 from 01.06.1987 and further direct the respondents to revise the pension of the p. 2 C/SCA/1400/2026 ORDER DATED: 05/02/2026 petitioner from 30.04.1998 and direct to pay arrears of salary from 01.06.1987 to 30.04.1998 and arrears of pension from 30.04.1998 to 30.12.2023 i.e. till death of pensioner. C. YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents to pay arrears of revied consequential benefits. Gratuity and other D. YOUR LORDSHIPS may be pleased to grant equitable relief in terms of interest on delay in payment of salary, pension and other consequential benefits from its entitlement till actual payment at the rate of interest as deem just and proper by Hon'ble court within time stipulated by Hon'ble court. E. Such other and further relief or relieves as may be deem fit, just and proper, in the facts and circumstances of the case.” 2. At the outset, learned advocate Mr. Asthavadi for the petitioner has fairly stated that the original employee i.e. late Mr. Vinubhai Motibhai Soni retired from service on 30.04.1998 and died in the year 2023. Learned advocate was also fair in submitting that during the lifetime of the deceased father of the petitioner the aforesaid prayer was never agitated before any of the authority. 2.1 Learned advocate Mr. Asthavadi further states that the issue in question has been settled by this Court in the year 2020 and therefore the petitioner being son of the deceased employee has preferred this petition. Page 2 of 3 C/SCA/1400/2026 ORDER DATED: 05/02/2026 3. Considering the fact that the father of the petitioner retired as back as in the year 1998 and died in 2023 and during his lifetime he did not agitate the issue which would indicate that he had already given up the cause and therefore now after the death of the father, the son cannot seek any relief in respect of the cause which has already been given by deceased father by passage of time. 3.1 Moreover, the submission with regard to issue being settled by this Court cannot be accepted simply for the reason that the deceased father of the petitioner had retired as back as in the year 1998 and though the issue was settled in the year 2020, till his lifetime upto 2023 the same was not agitated by the petitioner. 4. In view of above, the petition being meritless is required to be dismissed and is accordingly dismissed. (NIRZAR S. DESAI,J) SHRIJIT PILLAI