The petitioners are entitled to 7th Pay Commission benefits from 1st January 2016, with arrears to be resolved between the Board and State.

1. Heard learned advocate Ms.Harshal Pandya on behalf of the petitioner, learned advocate Ms.Dharmishta Raval on behalf of respondent – Board and learned Assistant Government Pleader Mr.Sahil Trivedi on behalf of the respondent – State.

1.1. Learned advocate Mr.Raval tenders an affidavit-in-reply preferred by the respondent nos.1 and 2. The same is taken on record.

2. Rule returnable forthwith. Learned AGP Mr.Trivedi on behalf the respondent- State and learned Advocate Ms.Raval on behalf of respondents no.1 and 2 waive service of rule.

3. Learned Advocate Ms.Pandya would submit that the grievance raised in the present petition is covered by decision of learned Co-ordinate Bench of this Court in Special Civil Application No. 6635 of 2022 vide order dated 20.10.2022.

4. Considering such submission, the observation of the said decision in paragraphs no.8, 9 and 10 are reproduced hereinbelow for benefit:-

“8. It is not in dispute that the petitioners were paid the benefit of 6th Pay Commission pursuant to the order dated 12.04.2019 passed by this Court in Special Civil Application No.1139 of 2017. The said order has become final and now the issue with regard to payment of 7th Pay Commission has cropped up and it appears that the same is not being granted only because there is no approval sent by the Board or even if it is sent, the State has not approved it. In a similar issue, the Coordinate Bench vide order dated 25.09.2019 passed in Special Civil Application No.12046 of 2019 has directed the respondents to extend the benefit of 6th and 7th Pay Commission.

9. The aforesaid order was subject matter of challenge before the Division Bench in Letters Patent Appeal No.510 of 2020. By the order dated 08.09.2020, the Division Bench has held thus:- “3. Ms. Mandavia, the learned counsel appearing for the appellant Board has invited our attention to the resolution dated 19th September 2017 issued by the State Government in context with the employees of the Gujarat Maritime Board, more particularly, Clause 3 of the condition to be complied with by the Board, which reads thus:

“The implementation of this pay revision shall have to be done by the Gujarat Maritime Board from 1st January 2016 as per Gujarat State Service (Revision of Pay) Rules, 2016 and subject to its provisions as per scale to scale basis. Its actual implementation shall be effected from 1st August 2017. With regard to the amount of difference of pay from 1st January 2016to 31st July 2017, its payment shall have to be done when the decision is taken for the employees of the State Government and payment shall be done accordingly.”

4. According to the resolution issued by the State Government referred to above, more particularly, clause 3, the benefits of the 7th Pay Commission with effect from 1st January 2016 to 31st July 2017 would be on scale to scale basis.

However, the actual effect shall be given from 1st August 2017. Ms. Pandya, the learned counsel appearing for the original writ applicant would submit that the Board may be directed to effect so far as the 7th Pay Commission is concerned from 1st August 2017. She would submit that as and when the issue with regard to the time period between 1st January 2016 and 31st July 2017 is resolved between the Board and the State Government, an appropriate claim may be put forward at an appropriate time.

5. It appears that the circular referred to above by us dated 19th September 2017 was not brought to the notice of the learned Single Judge.

6 In such circumstances referred to above, while disposing of this appeal, we modify the order passed by the learned Single Judge to the extent that the petitioner shall be entitled to the 7th Pay Commission recommendations with effect from 1st August 2017. The Board shall, accordingly, extend the benefits at the earliest.”

10. With regard to contention raised by the Board for taking approval, I may in profit to incorporate the observation of the order dated 24.04.2021 passed in Letters Patent App