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2026 Supreme(Guj) 1012

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MAULIK J.SHELAT, J.
Bharatbhai Kalyanbhai Pandya - Appellant
Versus
State Of Gujarat & Ors. - Respondent
Special Civil Application No. 2107 of 2021
Decided On : 21-04-2026

Advocates:
Advocate Appeared:
For the Appellant : Mr Yogeshkumar A Ratanpara(7260), S M Kikani(7596)
For the Respondent: Ms Forum Sukhadwala, AGP

A service-related claim based on a continuing wrong, such as incorrect promotion dates affecting pension, is not barred by delay if no third-party rights are affected. However, consequential arrears should be restricted to three years preceding the filing of the petition.

Headnote:(A) Constitutional Law - Service Law - Promotion - Deemed date - Equality in employment - Principles of parity in service benefits - Where an employee is denied a promotion date equivalent to a junior colleague, and such entitlement is acknowledged by the employer, the denial of such benefit is violative of the principle of non-discrimination.

(B) Service Law - Delay and Laches - Continuing wrong - In matters relating to pensionary benefits and ongoing service-related disparities, the court may entertain a petition despite delay if no third-party rights are prejudiced - Consistent with established jurisprudence, while substantive relief may be granted, the consequential financial arrears should be restricted to a period of three years preceding the filing of the petition.

(C) Service Law - Backwages/Arrears - When a promotional entitlement is granted posthumous or post-retirement, the court has the discretion to restrict the payment of arrears to a reasonable period and specify the date from which actual financial benefits commence.

Facts of the case:
The petitioner was appointed to a clerical position and subsequently granted promotion to a higher grade. However, the effective date of promotion was later than that of a junior employee. Despite the employer acknowledging the anomaly in internal communications, no rectification was made. The petitioner, having since retired, approached the court seeking the deemed date of promotion and consequential pensionary benefits.

Findings of Court:
The court found that the employer's failure to grant the parity in promotion dates was unjustified and that the delay in approaching the court did not warrant dismissal of the petition, as the matter involved a persistent grievance regarding pensionary benefits and did not adversely impact the rights of third parties.

Issues: Whether the petitioner is entitled to a deemed date of promotion matching that of a junior colleague and whether the claim for such benefits is barred by the doctrine of delay and laches.

Ratio Decidendi: A service-related claim based on a continuing wrong, such as the incorrect fixation of a promotional date affecting pension, is not defeated by delay unless it infringes upon third-party rights. Rectifying such disparities ensures compliance with constitutional guarantees of equality.

Result: Petition partly allowed with directions for re-calculation of pensionary benefits and arrears.

Table of Content
1. procedural initiation and formal prayers of the writ petition. (Para 1 , 2 , 3)
2. historical progression of the petitioner's employment, termination, reinstatement, and delayed promotional grievance. (Para 4)
3. conflicting claims regarding parity in promotion and the legal doctrine of delay and laches in administrative matters. (Para 5 , 6)
4. judicial assessment of administrative inaction and the application of precedential rulings on laches in pensionary/continuing service claims. (Para 8 , 9 , 10)
5. determination of entitlement to deemed promotional date based on parity with juniors and established department records. (Para 11 , 12)
6. final judicial mandate for notional promotion and structured calculation of revised pension arrears. (Para 13 , 14)

JUDGMENT :

MAULIK J.SHELAT, J.

1. Rule returnable forthwith. Ms.Forum Sukhadwala, learned AGP, waives service of Rule for respondent No.1-State.

1.1 With the consent of the learned advocates for the respective parties, the matter is taken up for hearing today.

2. Heard Mr.S.M.Kikani with Mr.Yogesh Ratanpara, learned advocate for the petitioner and Ms.Forum Sukhadwala, learned AGP for the respondent.

3. The present petition is filed under Article 226 of the Constitution of India, seeking the following reliefs:

“A. YOUR LORDSHIPS may be pleased to hold and declare that petitioner was entitled for ‘deemed date’ w.e.f. 10.05.1985 i.e. the date on which the juniors of the petitioner are promoted and not w.e.f. 11.02.1994 and further to direct the respondents to pay all incidental and consequential benefits, including the difference of salary along with interest and the seniority as held by respondent no.2 in its order at Annexure-D, in the interest of justice and equity;

B. YOUR LORDSHIPS maybe pleased to direct the respondents, More particularly respondent no.2 to implement its decision/opinion as reflected in its written communication dated 16.02.2012 at Annexure-E and communication dated 20.07.2015 at Annexure-F and thereby give deemed date to the petitioner w.e.f. 10.05.1985 instead of 11.02.1994 and further to pay all incidental and consequential benefits to the petitioner for the post of Senior clerk w.e.f. 10.05.1985, including the difference of salary along with interest and the seniority, pending admission and final disposal of the petition;

C. YOUR LORDSHIPS Be pleased to pass such other and further orders as deemed just and proper in the interest of justice.”

BRIEF FACTS OF THE CASE:-

4. The short facts of the case are that the petitioner was appointed as a Clerk on 18.9.1980 by respondents in the Irrigation Department of the State. Thereafter, on 24.12.1982 services of the petitioner came to be terminated. The petitioner appears to have filed Civil Suit against the respondents, which was decreed in his favour. The decree was confirmed up to this Court. Thereafter, the petitioner was reinstated in service.

4.1 Respondent No.1 vide its order dated 02.07.2007 decided to give promotion to the petitioner and other similarly situated persons. Accordingly, respondent No.2 vide its impugned order dated 24.08.2007, gave promotion to the petitioner as a Senior Clerk along with others. So far as case of the petitioner is concerned, he was given promotion with effect from 11.2.1994.

4.2 The petitioner appears to have made representation on 11.07.2011 to grant him promotion with effect from 10.05.1985, the date on which his junior was granted promotion. The office of respondent no.2 vide its order dated 16.02.2012 sought opinion/ guidance from respondent no.1 in regards to granting promotion to the petitioner with effect from 10.05.1985. That while sending said communication, it was opened that junior to the petitioner is granted promotion with effect from 10.05.1985 and, accordingly, request of the petitioner requires to be accepted.

4.3 Since no decision has been taken by the competent authority of the State pursuant to the said communication, it appears that respondent no.2 agai

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2026 Supreme(Guj) 1012

IN THE HIGH COURT OF GUJARAT AT AHMEDABADMAULIK J.SHELAT, J.Bharatbhai Kalyanbhai Pandya - AppellantVersusState Of Gujarat & Ors. - RespondentSpecial Civil Application No. 2107 of 2021Decided On : 21-04-2026

A service-related claim based on a continuing wrong, such as incorrect promotion dates affecting pension, is not barred by delay if no third-party rights are affected. However, consequential arrears should be restricted to three years preceding the filing of the petition.

Cases Referred (3)

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MAULIK J.SHELAT, J.
Bharatbhai Kalyanbhai Pandya - Appellant
Versus
State Of Gujarat & Ors. - Respondent
Special Civil Application No. 2107 of 2021
Decided On : 21-04-2026