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NIKHIL S. KARIEL
Gemarbhai Dalabhai Desai – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. Heard learned advocate Mr. Swapneshwar Goutam, learned advocate Mr.Jay G. Thaker, learned advocate Mr.Naman K. Brahmbhatt and learned advocate Mr.Rakesh R. Patel on behalf of the petitioners and learned Assistant Government Pleader Mr.Aditya Pathak on behalf of the respondent – State.
1.1. Learned advocate Mr. H.S.Munshaw submits that he has instructions to appear on behalf of respondent no.2 in Special Civil Application No.14386/2023, hence, he may be permitted to file his vakalatnama. Permission is granted. Let the same be filed by next week.
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 advocates 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 o
The denial of increment to retired employees based on Rule 39 of the Gujarat Civil Services (Pay) Rules, 2002 was found to be arbitrary and unreasonable, and the court emphasized the entitlement of e....
The entitlement to the benefit of one increment even after retirement, based on the interpretation of Rule 39 and the purpose of granting annual increment.
The main legal point established in the judgment is the entitlement of a government servant to receive an increment becoming payable on 1st July even after retirement, as interpreted in various judgm....
The main legal point established in the judgment is that the entitlement to receive increment crystallizes when the government servant completes requisite length of service with good conduct, and any....
The main legal point established in the judgment is the entitlement of an employee to receive the increment on 1st July even though he had retired on 30th June, as supported by the interpretation of ....
The main legal point established in the judgment is the entitlement of employees to the benefit of increment falling due on the 1st of July, even if they had retired on 30th June, based on the interp....
The main legal point established in the judgment is that the entitlement to receive increment crystallizes when the government servant completes requisite length of service with good conduct and beco....
The main legal point established in the judgment is that government servants are entitled to annual increment becoming payable on the succeeding day, even after retirement, and denying this entitleme....
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