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2024 Supreme(Online)(GUJ) 16833

HIGH COURT OF GUJARAT
MR. JUSTICE NIKHIL S. KARIEL, J
MANUBHAI RAGHUSINGH GAMIT – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR HB SINGH(2073) ,Respondent Advocate: ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99)

ORDER

1. Heard learned Advocate Mr. Mukeshkumar Yadav for learned advocate Mr. H.B. Singh on behalf of the petitioners and learned AGP Ms. Nidhi Vyas on behalf of the respondent – State.

2. Rule returnable forthwith. Learned AGP waives service of notice of rule on behalf of the respondent–State.

3. The present petition inter alia impugns the action of the respondent-State of not granting the benefit of last increment to the petitioners, more particularly the petitioners having retired on 30 th June of various years and whereas the denial being on the ground that the benefit of increment would be available to such government employees, who were in service on the next working day i.e on the 1 st July.

4. Considering the submissions made by learned Advocates for the parties, it would appear that the issue is no more res integra inasmuch as a learned Division Bench of this Court in case of State of Gujarat vs. Takhatsinh Udesinh Songara in Letters Patent Appeal No. 868 of 2021 vide order dated 27.04.2022 held in favour of the employees as regards their entitlement of the last increment, even though they had retired on 30th June. It would also appear that the decision of Takhatsinh (supra)

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