High Court of Gujarat
MAHENDRAKUMAR VALJIBHAI VANKARversusTHE STATE OF GUJARAT
- Decided
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- NIRZAR S DESAI
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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