SANJAYKUMAR HARSINGBHAI DAMORversusSTATE OF GUJARAT

     C/SCA/2048/2026                             ORDER DATED: 19/02/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO.2048 of 2026

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               SANJAYKUMAR HARSINGBHAI DAMOR & ORS.
                               Versus
                      STATE OF GUJARAT & ANR.
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Appearance :
MR GAURAV K MEHTA for the Petitioners.
MS NALANDA ACHARYA, AGP for the Respondents No.1,2
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 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                            Date : 19/02/2026
                             ORAL ORDER


1              Heard learned advocate Mr. Gaurav K. Mehta for the
petitioners.


2.             By way of this petition, the petitioners have prayed for
the following reliefs:-


      “(A) YOUR LORDSHIPS may be pleased to admit and allow
      the present petition;

      (B) YOUR LORDSHIPS may be pleased to issue appropriate
      writ, order or direction for quashing and setting aside the
      illegal, arbitrary, unjust, unfair and discriminatory action of
      the respondent authorities by not extending the bene*t of
      15% NPPA as per the 7th Pay Commission from the date of
      their services are being regularized and further be pleased to
      hold the said action on the part of the respondent authorities
      as bad at law.

      (C) YOUR LORDSHIPS may be pleased to issue appropriate
      writ, order or direction directing the respondent authorities
      to extend the bene*t of 15% NPPA as per 7 th Pay Commission
      from the date of their services are being regularized along



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     C/SCA/2048/2026                             ORDER DATED: 19/02/2026




      with the interest @ 6% on the amount of arrears, in view of
      the law laid down by the Division Bench of the Hon'ble High
      Court of Gujarat in the judgement dated 19.7.2018 passed in
      Letter Patent Appeal No.907 of 2016 (Hereto marked as
      Annexure - 'C') and other allied matters, which has been
      con*rmed by the Hon'ble Supreme Court of India by the
      order dated 7.9.2020 passed in Special Leave Petition Diary
      No.17681 of 2020 (Hereto marked as Annexure 'D').

      (D) Your Lordships may be pleased to issue appropriate writ
      order or direction to consider the representation dated
      27.01.2026 (Hereto marked as Annexure-’K’) made by the
      petitioners requesting the respondents to extend the bene*t
      of 15% NPPA from the date of their services are being
      regularized in light of the law laid down by the Division
      Bench of the Hon'ble High Court of Gujarat in the judgement
      dated 19.7.2018 passed in Letter Patent Appeal No.907 of
      2016 (Hereto marked as Annexure - 'C') and other allied
      matters, which has been con*rmed by the Hon'ble Supreme
      Court of India by the order dated 7.9.2020 passed in Special
      Leave Petition Diary No.17681 of 2020 (Hereto marked as
      Annexure 'D').

      (E) YOUR LORDSHIPS may be pleased to pass such other and
      further orders that may be deemed just and proper in the
      facts and circumstances of the present case.”


3.             However, though the aforesaid relief is prayed by the
petitioners, learned advocate Mr. Mehta, upon instructions, states
that at this juncture, instead of pursuing the petition any further,
the petitioners by reserving liberty to /le a fresh petition, in case, if
the respondents decide the case of the petitioners against them,
wants to make a representation to the respondent authorities for
the aforesaid prayer.


4.             Learned advocate Mr. Mehta states that each of the
petitioners intend to make a separate fresh representation to the



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       C/SCA/2048/2026                                           ORDER DATED: 19/02/2026




respondents and the respondents may be directed to consider the
same in light of identical issue decided by this Court vide common
oral judgment dated 28.03.2016 passed in Special Civil Application
No. 10953 of 2014 and allied matters in case of Gunvantrai
Narmadashankar Vyas and others V/s. State of Gujarat and others
and which has been con/rmed by the Division Bench of this Court
in case of State of Gujarat V/s. Gunvantrai Narmadashankar Vyas
vide common oral judgment dated 19.07.2018 in Letters Patent
Appeal No.907 of 2016 and allied matters. It is brought to the
notice of the Court that even the decision of the Letters Patent
Appeal also was carried before the Hon’ble Supreme Court and
State has failed and therefore, the petitioners’ representation is
required to be decided in light of above decision as stated by
learned advocate Mr. Mehta.


5.               Considering          the    aforesaid    innocuous          prayer,       the
petitioners       may       make      a     representation       to   the    respondents
authorities within a period of one month from today and in case if
such     representation is made by the petitioners, the respondents
authorities are directed to consider the same in accordance with
law and by taking into consideration the above referred decisions
of the learned Single Judge and con/rmed by the Division Bench
and Hon’ble Supreme Court and to pass a reasoned order in this
regard latest by 31.05.2026.


6.               In case, if the petitioners’ representation is not
considered positively, the respondents are directed to pass a
reasoned order and liberty is reserved in favour of the petitioners
to challenge the same.


7.               In      case,   if   the     respondent     -    Animal       Husbandry



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        C/SCA/2048/2026                                                             ORDER DATED: 19/02/2026




Department has to decide the representation, copy of this order
may be served upon the Animal Husbandry Department as well by
the petitioners.


8.                   In view of above, the present petition is disposed of.
Needless to say that this Court has not examined the merits of the
matter.

                                                                                  (NIRZAR S. DESAI,J)


SAVARIYA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 19/02/2026 14:57:02




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