IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 65 of 2026 In R/SPECIAL CIVIL APPLICATION/19151/2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT APPEAL NO. 65 of 2026 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA ================================================================

Approved for Reporting Yes No ================================================================

THE STATE OF GUJARAT & ORS.

Versus BHANUBEN AMBALAL PATEL & ORS.

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Appearance:

MS SHRUTI DHRUVE, AGP for the Appellant(s) No. 1,2,3,4,5 APURVA DAVE(3777) for the Respondent(s) No.

1,10,11,12,13,14,15,16,2,3,4,5,6,7,8,9 ================================================================

CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 16/02/2026

ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE L. S. PIRZADA)

1. Heard learned Assistant Government Pleader Ms.Shruti Dhruve appearing for the appellants and learned advocate Mr.Apurva Dave appearing for the respondents.

2. The present appeal has been preferred by the appellants-original respondents under Clause 15 of the Letters Patent, 1865 challenging the Oral Order dated 10.11.2023 passed by the learned Single Judge in Special Civil Application No.19151 of 2023 and allied matters, whereby the learned Single Judge allowed the petitions and directed the original respondents to grant the benefit of one increment to the concerned employees. Being aggrieved and dissatisfied with the said order, the present appeal has been filed.

3. The issue that arises in the present appeal pertains to the grant of one annual increment to the employees of the State of Gujarat, who have retired from service and are in receipt of pensionary benefits.

4. The factual matrix of the present appeal is that the respondents – original petitioners were Government servants, who had earned annual increments during their service tenure and subsequently, retired upon attaining the age of superannuation. Initially, as per the provisions of the Gujarat Civil Services (Pay) Rules, 2002 (for short the ‘GCSR’), particularly Rule 38, a Government employee was entitled to one annual increment in the existing pay scale upon completion of one year of continuous service. Thereafter, pursuant to the recommendations of the 6^th Pay Commission, the State of Gujarat, by Government Resolution dated 27.02.2009, amended Rule 10 of the Gujarat Civil Services (Revised Pay) Rules, 2009, and fixed 1st July as the uniform date of annual increment for all the Government employees. As per the said Government Resolution, all the Government employees, who had completed one year of service between 02.01.2005 and 01.01.2006 were made eligible to receive the increment on 01.07.2006. Consequently, due to the implementation of this uniform date of increment, the increment date of all employees was standardized and fixed as 1st July of every year. However, this resulted in hardship and injustice to those employees who retired from Government service on 30^th June of a particular year upon attaining the age of superannuation. Although, such employees had completed one full year of service preceding their retirement, they were denied the benefit of the annual increment falling due on 1st July, solely on the ground that they were not in service on that date.

4.1 The original petitioners – respondents herein, being dissatisfied with the decision of the State Government of not granting the annual increment despite completion of one full year of service (for example, from 01.07.2012 to 30.06.2013), and having retired on 30^th June without receiving the said increment, preferred Special Civil Application No.19151 of 2023 before this Court.

4.2 The learned Single Judge allowed the said petition and granted relief in favour of the original petitioners-

respondents herein.

4.3 Being aggrieved and dissatisfi