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 employees to receive the increment and other benefits upon retirement.

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 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 advocates for the petitioners would also draw the attention of this Court to a decision of the Hon’ble Apex Court rendered in Civil Appeal No. 2471 of 2023 [SLP(C) No.9185/2020] in case of The Director (Admin. and HR) KPTCL and Ors. vs. C.P.Mundinamani and Ors. dated 11.04.2023 and would submit that a decision of the Hon’ble Division Bench of this Court as well as decisions of the other High Courts have been affirmed by the Hon’ble Apex Court in the said decision.

5.1. Learned advocates on behalf of the petitioners would submit that since the issue having been concluded by the Hon’ble Supreme Court, the same being binding on the State of Gujarat also, the request of the petitioners to pay benefit of one increment along with all consequential benefits may be directed.

6. Considering the submissions made on behalf of learned advocates for the petitioners, while it would appear that there are decisions of learned Coordinate Benches taking a view in favour of the persons similarly situated to the petitioners and whereas, it would also appear that such view has been affirmed by the Hon’ble Division Benches and whereas, it would appear that the decision of Hon’ble Division Bench of this Court in case of State of Gujarat vs. Takhatsinh Udesinh Songara [Letters Patent Appeal No. 868 of 2021; Dt.27.04.2022] has been affirmed by the Hon’ble Apex Court in case of Director (Admin. and HR) KPTCL and Others (supra).

6.1. At this stage, this Court also feels it appropriate to state that Rule 39 of the Gujarat Civil Services (Pay) Rules, 2002 more particularly Rule 39 being relied upon by the State respondents, is almost pari materia to Regulation 40(1) of the Regulations which were in question before the Hon’ble Apex Court, based upon which, the official respondent i.e. the appellant before the Hon’ble Apex Court had denied the benefit of one increment to the employee, wherein it would appear that the proviso to Rule 39 which is being relied upon by the official respondents reads as follows:-“Provided that the increment shall be admissible from the 1st of the month, in which, it accrues.” It would appear that Regulation 40(1) also speaks almost in the same language which reads as follows:-“An increment accrues from the day following that on which it is earned.” In this regard, this Court seeks to rely and refer to the observations of the Hon’ble Apex Court in case of The Director (Admin. an