Gujarat High Court
Patel Kunjal Umedbhai vs State Of Gujarat on 10 October, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/12896/2023 ORDER DATED: 10/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12896 of 2023
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PATEL KUNJAL UMEDBHAI & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR NK MAJMUDAR(430) for the Petitioner(s) No.
1,10,100,101,102,103,104,105,106,107,108,109,11,110,111,112,113,114,115,116,117,118,119,12,120,
121,122,123,124,125,126,127,128,129,13,130,131,132,133,134,135,136,137,138,139,14,140,141,142,
143,144,145,146,147,148,149,15,150,151,152,153,154,155,156,157,158,159,16,160,161,162,163,164,
165,166,167,168,169,17,170,171,172,173,174,175,176,177,178,179,18,180,181,182,183,184,185,186,
187,188,189,19,190,191,192,193,194,195,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,33,34,35,36,37,
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,
69,7,70,71,72,73,74,75,76,77,78,79,8,80,81,82,83,84,85,86,87,88,89,9,90,91,92,93,94,95,96,97,98,99
MR MITUL GAUTAM ASSTT. GOVERNMENT PLEADER/PP for the Respondent(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 10/10/2025
ORAL ORDER
1. By way of this petition, the petitioners have prayed for the following relief.
"(B) Be pleased to issue appropriate writ, order or direction and thereby be pleased to hold that the inaction of the respondents authorities to revise the rates of NPPA as recommended by 7th CPC and not making payment for NPPA to the petitioner as per the Gujarat Civil Services (Revision of Pay) Rules, 2016 with effect from 01.01.2016 or the date of joining as the case may be, as illegal, unjust, unfair, arbitrary, illogical and against the principles of nature justice and the said action of the respondents authorities of making payment NPPA as per the 7 th Pay Commission Rules may be quashed and set aside.
(C) Be pleased to issue appropriate writ, order and/or direction upon the respondent authorities to the respondent authorities and the concerned respondents may kindly be directed to pass appropriate order for making payment of difference of NPPA for the period between 24.09.2022 and onwards till today, and therefore, the difference of NPPA may kindly be ordered to be paid to the petitioners after addition of HRA in the basic pay and by treating the HRA as part of 'Basic Pay' and on that basis, the NPPA may kindly be ordered to be recalculated and difference of the same may kindly be paid with 12% interest.Page 1 of 4 Uploaded by Y.N. VYAS(HC00207) on Tue Oct 14 2025 Downloaded on : Wed Oct 15 00:10:46 IST 2025
NEUTRAL CITATION C/SCA/12896/2023 ORDER DATED: 10/10/2025 undefined (D) Be pleased to grant interim relief and by way of interim order, be pleased to direct the respondent authorities to make payment of NPPA as per the prescribed 7th Pay Revision of pay rules, revise the basic pay to the petitioners with effect from 01.01.2016 or the date of regular appointment as applicable, as rationalized by the 7 th CPC and the entire arrears pursuant to the said NPPA revision may be ordered to be paid with 12% simple interest from 01.01.2016 from the date of entitlement till the actual date of payment and the authorities may be further directed to continue to pay NPPA as per the 7 th Pay rules, under the Gujarat Civil Services (Revision of Pay) Rules, 2016;
2. Learned advocate Mr. Shivam Majmudar appearing for the petitioners would submit that the issue raised in the present petition is similar to issue raised in the Special Civil Application No. 10953 of 2014 and cognate matters, which has been decided by the Co-ordinate Bench of this Court (Coram : Hon'ble Mr. Justice J B. Pardiwala) vide common judgment dated 28.03.2016. Learned advocate for the petitioners would further submit that the said decision has been challenged by the State before the Hon'ble Division Bench and whereas Hon'ble Division Bench (Coram : Hon'ble Ms. Harsha Devani and Hon'ble Mr. Justice A.S. Supehia) vide judgement dated 19.07.2018 have been pleased to confirm the decision of the Hon'ble Single Judge. Learned advocate for the petitioners would further submit that the decision of Hon'ble Division Bench confirming the decision of Hon'ble Single has been challenged before the Hon'ble the Supreme Court and whereas the Hon'ble Supreme Court vide order dated 07.09.2020. Hon'ble Apex Court had been pleased to decline condoning delay in the Special Leave Petition (Civil) Diary No. 17681 of 2020.
3. As against the same, learned Assistant Government Pleader has submitted that as far as the proposition of law as laid down by Hon'ble Single Judge and the Division Bench, he may not be able to controvert the same.
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4. Having regard to the submissions made by the learned advocates for the parties, it prima facie appears that the petitioners before this Court as well as petitioners in the group of petitions referred to hereinabove appear to be similarly situated. Having regard to the same, the aspect of similarity requires to be verified at this stage of the Government itself and whereas appropriate directions for granting of benefit as available to the petitioners in Special Civil Application No. 10953 of 2014 are required to be passed.
5. In view of the above, the following directions are passed:
(a) The petitioners to prefer an individual representation to respondent No. 1 - The Secretary of Agriculture and Co-
operation Animal Husbandry Department and respondent No.3 - The Director of Animal Husbandry Department. The petitioners to prefer such representation within a period of six weeks from the date of receipt of the order of this Court.
(b) The respondents shall decide such representations in the light of the decisions of this Court dated 28.03.2016 passed in Special Civil Application No. 10953 of 2014 and the decision dated 19.07.2018 passed in Letters Patent Appeal No. 907 of 2016, as regards entitlement of the petitioners to claim extension of benefit of 15% of NPPA.
(c) Respondents Nos.1 and 3 shall consider such individual representations and decide the same in the light of the observations of this Court hereinabove within a period of fourteen weeks from the date of representation of each of the petitioners.
(d) In case, such petitioners were deemed to be entitled for
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NEUTRAL CITATION
C/SCA/12896/2023 ORDER DATED: 10/10/2025
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extension of 15% NPPA, the same shall be paid in the light of the observations of this Court in Special Civil Application No. 10953 of 2014 and cognate matters and Letters Patent Appeal No. 907 of 2016 and cognate matters.
(d) Sofar as those persons, who are declared not to be entitled for the said benefits, respondents Nos.1 & 3 shall inform the petitioners in writing with reasons as regards their non entitlement. Liberty to approach, if aggrieved by the said rejection.
(e) The petitioners, who are declared to be entitled for the 15% NPPA, the arrears shall be paid within a period of four months from the date of decision of respondents Nos. 1 & 3.
6. It is further clarified that in case the appropriate payments are not made to the persons, who are deemed to be entitled to the benefit of 15% NPPA within a period of four months of the passing of the order by respondents Nos. 1 & 3, then such petitioners shall be entitled to claim 6% interest from the date of the filing of the petition.
7. With the aforesaid observations and directions, the petition is disposed of. Consequentially, the Civil Applications stand disposed of. Direct service is permitted.
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