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NEUTRAL CITATION

C/SCA/18044/2018 ORDER DATED: 03/02/2026

0.983085801632064

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 18044 of 2018

With

R/SPECIAL CIVIL APPLICATION NO. 4752 of 2019

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BHARATBHAI HARIPRASAD DAVE & ORS.

Versus

STATE OF GUJARAT & ORS.

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Appearance:

MR. SAHIL M SHAH(6318) for the Petitioner(s) No.

1,10,100,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,3

1,32,33,34,35,36,37,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,51,52,53,54,

55,56,57,58,59,6,60,61,62,63,64,65,66,67,68,69,7,70,71,72,73,74,75,76,77,7

8,79,8,80,81,82,83,84,85,86,87,88,89,9,90,91,92,93,94,95,96,97,98,99

MS. DEVANSHI PATEL ASSTT. GOVERNMENT PLEADER for the

Respondent(s) No. 1,2

IG JOSHI(8726) for the Respondent(s) No.

10,11,12,13,14,15,16,17,18,19,20,21,22,23,24,25,26,27,28,29,3,4,5,6,7,8,9

LAW OFFICER BRANCH(420) for the Respondent(s) No.

10,11,12,13,14,15,16,17,18,19,20,21,22,23,24,25,26,27,28,29,3,4,5,6,7,8,9

NOTICE SERVED BY DS for the Respondent(s) No. 30,31

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CORAM:HONOURABLE MR.JUSTICE D.N.RAY

Date : 03/02/2026

ORAL ORDER

1. The petitioners in these petitions are retired employees

having retired from the post of Clerk of the Court in their

respective districts. During their service, in view of the

Resolution of the Finance Department, they were extended

the grant of 6 increments in advance upon promotion to the

post of Clerk of the Court. It is a specific case, of the

petitioners that the said benefit was sought to be withdrawn

in the year 2018, whereupon these writ-petitions were filed

with the following prayers as would be found in Special Civil

Application No. 18044 of 2018, which is treated as a lead

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NEUTRAL CITATION

C/SCA/18044/2018 ORDER DATED: 03/02/2026

0.983085801632064

matter. :-

(A) Admit and allow the present application,

(B) Your Lordships be pleased to issue a writ of certiorari

or in the nature of certiorari, or any other writ, order or

direction, to quash and set aside (1) letters/decision dated

28/06/2018 issued by the Deputy Secretary, Legal

Department, Government of Gujarat to the Registrar

General, High Court of Gujarat, (2) decision communicated

rat, (3) office in letter dated 15.06.2018 issued by the

Accounts and Treasury Secretary, Government of Gujarat,

orders dated 23/08/2018, 13/01/2017 issued by the Ld.

Principal Judge, Family Court, Ahmedabad, (4) orders

dated 12.09.2018 and 20.09.2018 issued by the

Directorate of Pension and Provident Fund, Government of

Gujarat:

(C) Pending the admission, hearing and final disposal of

this petition, YOUR LORDSHIPS be pleased to direct the

Respondents not to take any coercive action against the

Petitioners and not to take the cases of the Petitioners

under review, in connection with the (1) letters/decision

dated 28/06/2018 issued by the Deputy Secretary, Legal

Department, Government of Gujarat to the Registrar

General, High Court of Gujarat, (2) office orders dated

23/08/2018 and 13/01/2017 issued by the Ld. Principal

Judge, Family Court, Ahmedabad;

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NEUTRAL CITATION

C/SCA/18044/2018 ORDER DATED: 03/02/2026

0.983085801632064

(D) Pending the admission, hearing and final disposal of

this petition, YOUR LORDSHIPS be pleased to stay the

implementation, execution and operation of the office

orders dated 23/08/2018 and 13/01/2017 issued by the

Ld. Principal Judge, Family Court, Ahmedabad and orders

dated 12.09.2018 and 20.09.2018 issued by the

Directorate of Pension and Provident Fund, Government of

Gujarat;

2. It will be seen that the High Court on the

administrative side by communication dated 29.07.2017,

had intimated as under :-

“In connection to subject noted above, I am to inform you

that after car