KHUNJIBHAI HARJIBHAI BHABHORversusSTATE OF GUJARAT
- Disposal
- 26-DISMISSED @ ADM.STAGE
- Bench
- HEMANT M PRACHCHHAK
Holding
The petition is dismissed because the claim amount is trivial and the authority has already rectified the payment, and such dismissal shall not be treated as precedent.
Summary
The petitioner, Khunjibhai Harjibhai Bhabhor, filed a special civil application invoking Articles 14, 16 and 226 of the Constitution and the Payment of Gratuity Act, alleging that the State of Gujarat and others had failed to pay full pensionary benefits. The Court observed that the quantum of money involved was negligible and that the concerned authority had already issued a revised order correcting the earlier calculation and directing payment of the shortfall. Considering the small amount and the corrective order, the Court held that the petition did not merit adjudication. The petition was therefore dismissed on the ground of smallness of the claim, with a clarification that this dismissal would not serve as precedent for similar claims. Any interim relief previously granted was vacated and pending civil applications, if any, were to stand disposed.
Issues considered
- Whether a petition under Articles 14, 16, 226 and the Payment of Gratuity Act is maintainable when the claim amount is trivial.
- Whether the Court should entertain the petition when the statutory authority has already rectified the calculation and ordered payment of the difference.
- Whether dismissal on the ground of smallness of the amount can be treated as a precedent for future similar petitions.
Legislation cited
Subjects
Judgment
C/SCA/16518/2025 ORDER DATED: 24/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16518 of 2025
==========================================================
KHUNJIBHAI HARJIBHAI BHABHOR
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MS.NIDHI P BAROT(6675) for the Petitioner(s) No. 1
MS ROSHNI PATEL AGP for the Respondent(s) No. 1,2,3,4,5
==========================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 24/02/2026
ORAL ORDER
1. Present petition is led by the petitioner under
Articles 14, 16 and 226 of the Constitution of India r/w
the provisions of the Payment and Gratuity Act against
the in action on the part of the respondents in not making
full payment of pensionary bene ts.
2. Though various grounds have been raised in the
memo of petition, the fact remains that the total amount
involved in the petition is very small. Considering the
smallness of amount, this Court is of the opinion that the
petition is not required to be entertained. Even, it
appears that the concerned authority has passed revised
Page 1 of 2
C/SCA/16518/2025 ORDER DATED: 24/02/2026
order rectifying the earlier calculation and directed that
the di(erence amounts be paid to the petitioner.
3. Accordingly, only on the ground of smallness of amount
with a further clari cation that this may not be
considered as precedent in other claim petitions arising
out of the same ground, the petition is dismissed.
4. Pending civil application/s, if any, shall stand
disposed of accordingly. Interim relief, if any, granted
earlier stands vacated forthwith.
(HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 25/02/2026 15:31:16
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.