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2026 Supreme(Guj) 31

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIRZAR S.DESAI
Neel Rameshchandra Patel – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr N K Majmudar
For the Respondent: Mr Henil Shah, AGP, Mr R B Thakor

Table of Content
1. factual background of the petitioner's case. (Para 2 , 3)
2. petitioner's arguments for pension scheme applicability. (Para 4 , 5 , 11)
3. court's analysis on applicability of government resolution. (Para 6 , 7 , 10)
4. legal reasoning regarding policy decisions. (Para 8 , 9)
5. conclusion and dismissal of the petition. (Para 12)

JUDGMENT :

Nirzar S. Desai, J.

1. Heard learned advocate Mr. Rohan Majmudar for the petitioner and learned Assistant Government Pleader Mr. Henil Shah for respondent Nos. 1 to 3.

2. By way of the present petition, the petitioner has prayed for quashing and setting aside the action of respondent authorities of not applying old pension scheme to the petitioner and has further prayed for a direction to the authority to apply old pension scheme in the case of the petitioner and further direction to authorities to open a GPF account of the petitioner. The petitioner has further prayed for quashing and setting aside a communication dated 08.08.2025 issued by respondent No. 4 whereby the petitioner was denied the benefit of old pension scheme. The petitioner has also prayed for quashing and setting aside the communication dated 24.07.2025 whereby the r

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