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2022 Supreme(Guj) 783

Chhaganbhai Ramabhai Patel (Expired) – Appellant
Versus
State of Gujarat – Respondent


Advocates appeared:
N.K.Majmudar, Utkarsh Sharma, Advocates

JUDGMENT :

Biren Vaishnav, J.

1. Rule returnable forthwith. Mr. Utkarsh Sharma, learned Assistant Government Pleader waives service of notice of Rule for the respondents.

2. With the consent of the learned advocates for the respective parties, the petition is taken up for final hearing today.

3. By way of this petition, under Article 226 of the Constitution of India, the petitioners have sought a direction to the respondent authorities to declare that the authorities give notional increment to the petitioners which became due and payable in the month of July of the particular term/year.

4. Mr. Majmudar, learned counsel for the petitioners submits that the case involved in the present petition is akin to the one decided by the Division Bench of this Court vide order dated 27.4.2022 in LPA No. 868 of 2021 confirming the decision of the learned Single Judge in SCA No. 10308 of 2021. He would also rely on order dated 20.7.2022 passed in SCA No. 13489 of 2022 which reads as under:

    “1. Heard Mr. N.K. Majmudar, learned advocate for the petitioners and Mr. Kurven Desai, learned AGP for the State.

2. This petition is filed seeking a direction to the respondent authorities to declare that the autho

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