Case Note & Summary
The petitioner, Nanjibhai Bijlabhai Pariya, filed a Special Civil Application under Article 226 of the Constitution of India before the Gujarat High Court at Ahmedabad, seeking quashing of an order dated 30.7.2021 and a direction to the respondents (State of Gujarat and others) to consider his services from 9.11.1998 and grant the benefit of Government Resolution dated 17.10.1988, along with revision of pay as per Fifth, Sixth and Seventh Pay Commission recommendations and payment of arrears. The petitioner was initially appointed as a daily wager and later worked in the same post and organization as in two earlier cases decided by the same court. The coordinate Bench had earlier noted that the controversy was in a narrow compass and listed the matter for final hearing. The petitioner's counsel, Mr. Mukesh T. Mishra, argued that the case was squarely covered by two decisions of this Court: Savjibhai Shamjibhai Bahukiya vs State of Gujarat (2022 GUJHC 7279) and Panchabhai Motibhai Ribadiya vs State of Gujarat (2022 GUJHC 14055), and there was no reason not to extend the same benefit. The learned AGP, Mr. Henil Shah, initially sought time to verify facts but later did not dispute the applicability of the judgments. The Court, after hearing both sides, found that the petitioner's case was indeed covered by the cited judgments and allowed the petition, directing the respondents to extend the same benefits as in those cases, including pay revision and arrears, within a stipulated period.
Headnote
A) Service Law - Government Resolution - Benefit of Resolution - The petitioner sought quashing of order dated 30.7.2021 and direction to consider services from 9.11.1998 for grant of benefit under Government Resolution dated 17.10.1988 with pay revision as per Fifth, Sixth and Seventh Pay Commission recommendations and arrears. The Court held that the petitioner's case is squarely covered by earlier judgments in Savjibhai Shamjibhai Bahukiya vs State of Gujarat and Panchabhai Motibhai Ribadiya vs State of Gujarat, and allowed the petition with similar directions. (Paras 5-7)
Issue of Consideration
Whether the petitioner is entitled to the benefit of Government Resolution dated 17.10.1988 and pay revision as per Fifth, Sixth and Seventh Pay Commission recommendations, in light of earlier judgments covering identical facts.
Final Decision
The petition is allowed. The order dated 30.7.2021 is quashed and set aside. The respondents are directed to consider the services of the petitioner from 9.11.1998 and grant the benefit of Government Resolution dated 17.10.1988 with revision of pay as per Fifth, Sixth and Seventh Pay Commission recommendations and pay arrears accordingly, within a period of eight weeks from the date of receipt of the order.
Law Points
- Government Resolution dated 17.10.1988
- benefit of earlier judgments
- pay revision
- arrears
- service law
Case Details
2026 LawText (GUJ) (02) 841
R/SPECIAL CIVIL APPLICATION NO.15081 of 2022
Mr. Mukesh T Mishra for the Petitioner, Mr. Henil Shah, AGP for the Respondents
Nanjibhai Bijlabhai Pariya
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Service matter seeking benefit of Government Resolution dated 17.10.1988 and pay revision.
Remedy Sought
Quashing of order dated 30.7.2021 and direction to consider services from 9.11.1998 for grant of benefit under Government Resolution dated 17.10.1988 with pay revision as per Fifth, Sixth and Seventh Pay Commission recommendations and arrears.
Filing Reason
The petitioner was denied the benefit of Government Resolution dated 17.10.1988 and pay revision despite being in the same post and organization as in earlier allowed cases.
Previous Decisions
Coordinate Bench order dated 29.1.2026 noting narrow compass and listing for final hearing.
Issues
Whether the petitioner is entitled to the benefit of Government Resolution dated 17.10.1988 and pay revision as per Fifth, Sixth and Seventh Pay Commission recommendations.
Whether the earlier judgments in Savjibhai Shamjibhai Bahukiya and Panchabhai Motibhai Ribadiya apply to the petitioner's case.
Submissions/Arguments
Petitioner's counsel submitted that the case is squarely covered by two decisions of this Court in Savjibhai Shamjibhai Bahukiya vs State of Gujarat and Panchabhai Motibhai Ribadiya vs State of Gujarat, and since the petitioner worked in the exact same post and organization, there is no reason not to extend the benefit.
Respondent's AGP initially sought time to verify facts but later did not dispute the applicability of the judgments.
Ratio Decidendi
The petitioner's case is squarely covered by earlier judgments of the same court in Savjibhai Shamjibhai Bahukiya vs State of Gujarat and Panchabhai Motibhai Ribadiya vs State of Gujarat, and therefore the petitioner is entitled to the same benefits under Government Resolution dated 17.10.1988.
Judgment Excerpts
By way of this petition, the petitioner has prayed for quashing and setting aside the order dated 30.7.2021 and prayed for a direction to the respondents to consider the services of the petitioner from 9.11.1998 and grant the benefit of the Government Resolution dated 17.10.1988 with revision of pay as per Fifth, Sixth and Seventh Pay commission recommendation and also prayed for a direction to the respondents to pay the arrears accordingly.
Considering the fact that the Coordinate Bench has observed that the matter is in a very narrow compass, in view of the decisions referred to herein above, the matter was taken up finally in view of the above order.
Procedural History
The petitioner filed Special Civil Application No.15081 of 2022 before the Gujarat High Court. On 29.1.2026, a coordinate Bench passed an order noting that the controversy is in a narrow compass and listed the matter for final hearing on 5.2.2026. On 5.2.2026, the matter was taken up for final hearing and disposed of by the present judgment.
Acts & Sections
- Constitution of India: Article 226
