LATE VINUBHAI MOTIBHAI SONI THROUGH SON AND LEGAL HEIR UDAYKUMAR VINUBHAI SONIversusSTATE OF GUJARAT

       C/SCA/1400/2026                              ORDER DATED: 05/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 1400 of 2026

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     LATE VINUBHAI MOTIBHAI SONI THROUGH SON AND LEGAL HEIR
                    UDAYKUMAR VINUBHAI SONI
                               Versus
                     STATE OF GUJARAT & ORS.
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Appearance:
MR AS ASTHAVADI(3698) for the Petitioner(s) No. 1
MS NALANDA ACHARYA, AGP for the Respondent(s) No. 1,3,4,5,6
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     CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                              Date : 05/02/2026

                                ORAL ORDER


1.      Heard learned advocate Mr. A. S. Asthavadi for the
petitioner. By way of this petition, the legal heir of the
deceased has prayed for following reliefs:-

                “A. YOUR LORDSHIPS may be pleased to issue
                a writ of mandamus or a writ in the nature of
                mandamus or any other appropriate writ, order
                or direction to hold that petitioner is entitled to
                1st higher Pay Scale in cadre of Malaria
                Surveillance Inspector, Class III of Rs. 1200-2040
                from 01.06.1987 as per GR dated 16.08.1994.

                B. YOUR LORDSHIPS may be pleased to issue a
                writ of mandamus or a writ in the nature of
                mandamus or any other appropriate writ, order
                or direction directing the respondents to revise
                the pay of the petitioner in Pay Scale of
                Rs.1200-2040 from 01.06.1987 and further direct
                the respondents to revise the pension of the


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      C/SCA/1400/2026                             ORDER DATED: 05/02/2026




               petitioner from 30.04.1998 and direct to pay
               arrears of salary from 01.06.1987 to 30.04.1998
               and arrears of pension from 30.04.1998 to
               30.12.2023 i.e. till death of pensioner.

               C. YOUR LORDSHIPS may be pleased to issue a
               writ of mandamus or a writ in the nature of
               mandamus or any other appropriate writ, order
               or direction directing the respondents to pay
               arrears of revied consequential benefits. Gratuity
               and other

               D. YOUR LORDSHIPS may be pleased to grant
               equitable relief in terms of interest on delay in
               payment     of    salary,  pension    and   other
               consequential benefits from its entitlement till
               actual payment at the rate of interest as deem
               just and proper by Hon'ble court within time
               stipulated by Hon'ble court.

               E. Such other and further relief or relieves as
               may be deem fit, just and proper, in the facts
               and circumstances of the case.”


2.     At the outset, learned advocate Mr. Asthavadi for the
petitioner has fairly stated that the original employee i.e. late
Mr. Vinubhai Motibhai Soni retired from service on 30.04.1998
and died in the year 2023. Learned advocate was also fair in
submitting that during the lifetime of the deceased father of
the petitioner the aforesaid prayer was never agitated before
any of the authority.


2.1    Learned advocate Mr. Asthavadi further states that the
issue in question has been settled by this Court in the year
2020 and therefore the petitioner being son of the deceased
employee has preferred this petition.

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       C/SCA/1400/2026                                                  ORDER DATED: 05/02/2026




3.      Considering the fact that the father of the petitioner
retired as back as in the year 1998 and died in 2023 and
during his lifetime he did not agitate the issue which would
indicate that he had already given up the cause and therefore
now after the death of the father, the son cannot seek any
relief in respect of the cause which has already been given by
deceased father by passage of time.


3.1     Moreover, the submission with regard to issue being
settled by this Court cannot be accepted simply for the reason
that the deceased father of the petitioner had retired as back
as in the year 1998 and though the issue was settled in the
year 2020, till his lifetime upto 2023 the same was not
agitated by the petitioner.


4.      In view of above, the petition being meritless is required
to be dismissed and is accordingly dismissed.

                                                                       (NIRZAR S. DESAI,J)
SHRIJIT PILLAI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PILLAI SHRIJIT P(HC01400), PRIVATE SECRETARY, at High Court of Gujarat on 05/02/2026 18:23:23




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