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2023 Supreme(Guj) 786

NIKHIL S. KARIEL
Bhagwanbhai Prabhubhai Patel – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR VAIBHAV A VYAS
For the Respondent: MR ADITYA PATEL

ORDER :

1. Heard learned advocate Mr. Vaibhav A. Vyas on behalf of the petitioners and learned Assistant Government Pleader Mr.Aditya Patel on behalf of the respondent – State.

2. Rule returnable forthwith. Learned Assistant Government Pleader waives service of rule on behalf of the respondent – State.

3. These Group of petitions seek similar directions from this Court and therefore, all these matters are taken up together.

4. Considering the submissions made by learned advocate for the petitioners, it would appear that all of the petitioners have retired on 30th June of various years and whereas they have been denied benefit of increment which fell due on the 1st July. It would appear that the State respondents have relied upon Rule 39 of the Gujarat Civil Services (Pay) Rules, 2002 to deny the benefit of one increment and consequential benefits to the petitioners whereas, it would be a submission on behalf of the petitioners that the issue is no more res integra more particularly since various learned Coordinate Benches of this Court including Hon’ble Division Benches of this Court having taken a view in favour of the persons similarly situated to the present petitioners.

5. Learned a

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