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High Court of Gujarat

MAHENDRAKUMAR VALJIBHAI VANKARversusTHE STATE OF GUJARAT

Decided
Disposal
56-DISPOSED AT ADMISSION STAGE

Holding

The Court ordered that the petitioners may make a representation within one month and the respondents must consider it and pass a reasoned order, without adjudicating the substantive merits.

Summary

The petitioners, Mahendrakumar Valjibhai Vankar, sought a writ directing the State of Gujarat to extend the 15% Non-Professional Pay Allowance (NPPA) under the 7th Pay Commission from the date their services were regularized, invoking earlier Gujarat High Court judgments and a Supreme Court order. While the petition was pending, the petitioners indicated they would instead make a fresh representation to the respondent authorities, reserving the right to file a new petition if their representation is rejected. The Court, noting the earlier judgments (Letter Patent Appeal No. 907 of 2016, Special Civil Application No. 10953 of 2014) and the Supreme Court’s confirmation in SLPA No. 17681/2020, allowed the petitioners to file the representation within one month. The respondents were directed to consider the representation in accordance with the cited case law and to issue a reasoned order by 31 May 2026. If the representation is not favorably considered, the petitioners retain liberty to challenge the order, and the present petition is disposed without a merits determination.

Issues considered

  • The Court may direct the petitioners to make a representation to the respondents regarding the extension of 15% NPPA.
  • Whether the respondents must consider the representation in light of the earlier Gujarat High Court judgments and the Supreme Court order.

Subjects

  • NPPA
  • 7th Pay Commission
  • representation
  • writ petition
  • administrative law
  • service regularisation
  • high court order
  • procedural direction

Judgment

     C/SCA/3655/2026                         ORDER DATED: 16/03/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CIVIL APPLICATION NO.          3655 of 2026

=====================================================
            MAHENDRAKUMAR VALJIBHAI VANKAR
                         Versus
              THE STATE OF GUJARAT & ANR.
=====================================================
Appearance:
MR GAURAV K MEHTA(5227) for the Petitioner(s) No. 1
MS DEVANSHI PATEL ASSISTANT GOVERNMENT PLEADER for
the Respondent(s) No. 1,2
=====================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                         Date : 16/03/2026

                            ORAL ORDER


1.             Heard learned advocate Mr. Gaurav K. Mehta

for the petitioner.


2.             By way of this petition, the petitioner haS

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 benefit
                  of 15% NPPA as per the 7th Pay Commission
                  from the date of their services are being



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C/SCA/3655/2026                         ORDER DATED: 16/03/2026




             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 benefit of 15% NPPA as per 7th
             Pay Commission from the date of their
             services are being regularized along 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 confirmed 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 benefit 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 confirmed 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



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     C/SCA/3655/2026                                          ORDER DATED: 16/03/2026




                  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 file

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 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 confirmed by the Division Bench of this Court in



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      C/SCA/3655/2026                                          ORDER DATED: 16/03/2026




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 confirmed

by the Division Bench and Hon’ble Supreme Court and

to pass a reasoned order in this regard latest by

31.05.2026.




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       C/SCA/3655/2026                                                          ORDER DATED: 16/03/2026




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                   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)

Pallavi


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 16/03/2026 17:58:36




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