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NEUTRAL CITATION

C/SCA/11652/2024 ORDER DATED: 20/04/2026

0.1725847526534514

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 11652 of 2024

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MAKHLIBEN LALSINGBHAI BHABHOR & ORS.

Versus THE STATE OF GUJARAT & ORS.

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Appearance:

MR. R.D.KINARIWALA(6146) for the Petitioner(s) No.

1,2,3,4,5,6,7,8,9 MR MITUL GAUTAM ASSISTANT GOVERNMENT PLEADER for the

Respondent(s) No. 1,2,3,4,5,6 =====================================================

CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

Date : 20/04/2026

ORAL ORDER

1. Heard learned advocate Mr. R. D. Kinariwala for the petitioners and learned Assistant Government

Pleader Mr. Mitul Gautam for the Respondents.

2. By way of this petition, the petitioners have

prayed for the following reliefs:

“A. Your Lordships may be pleased to admit and allow this petition;

B. Your Lordships may be pleased to issue a Writ of Mandamus or writ in the nature of mandamus or any other appropriate order or direction by directing the respondent authorities to grant the benefits to the petitioners from last increment which fall

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NEUTRAL CITATION

C/SCA/11652/2024 ORDER DATED: 20/04/2026

0.1725847526534514

on due from 1^st July to next date of retirement on 30^th June on respective year and revise the pension with all pensionary benefits and all further consequential revision and refixation of pension and interest due to delay in payment; Anne-’A’ C. Your Lordships may be pleased to issue a Writ of Mandamus or writ in the nature of mandamus or any other appropriate order or direction by directing the respondent authorities to grant similar benefits as per the judgment and order dated 26.09.2023 passed in Special Civil Application No.10345 of 2023 by this Hon’ble Court in the interest of justice;

Annexure-’C’colly.

D. Your Lordships may be pleased to issue a Writ of Mandamus or writ in the nature of mandamus or any other appropriate order or direction by directing the respondent authorities to forthwith extend all pensionary benefits to the petitioners of last increment of their service which fall on due from 1^st July to next date of retirement on 30^th June on respective year with interest, in the interest of justice; E. Be pleased to grant any other relief/s as may deem fit proper, in the interest of

justice.”

3. It is the case of the petitioners that each of the petitioners have already retired. However, since their dates of birth fall in the month of June, they retired on 30^th June of their respective years. The next increment was due on the very next day, i.e.,

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NEUTRAL CITATION

C/SCA/11652/2024 ORDER DATED: 20/04/2026

0.1725847526534514

1^st July of the succeeding year. Therefore, as the petitioners retired on 30^th June, they were not granted the benefit of the increment that would have

fallen due on 1^st July of the succeeding year.

4. Considering the prayers made, as well as the fact that the issue regarding grant of one increment to employees retiring on 30^th June of every year has been considered by the Hon’ble Supreme Court in Union of India & Others vs. M. Siddaraj in Miscellaneous Application Diary No. 2400 of 2024 in Civil Appeal No. 3933 of 2023, wherein the Hon’ble Supreme Court, by order dated 20^th February 2025, passed the

following order:

“Miscellaneous Application Diary Nos. 2400/2024, 35783/2024, 35785/2024 and

35786/2024

Delay condoned.

We had passed the following interim order dated 06.09.2024, the operative portion of

which reads as under:

“(a) The judgment dated 11.04.2023 will be given effect to in case of third parties from the date of the judgment, that is, the pension by taking into account one increment will be payable on and after

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