High Court of Gujarat
ABDUL RAUF ABDUL HAIDAR SHAIKHversusDIVISIONAL CONTROLLER
- Decided
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The court directed the respondent to decide the pending representation within three months and disposed of the petition.
Summary
Abdul Rauf Abdul Haidar Shaikh filed a Special Civil Application seeking a writ directing the Divisional Controller to consider his representation dated 22 February 2023 and to grant revised retirement benefits under the 6th Pay Commission. The petitioner’s counsel limited the prayer to the adjudication of the pending representation. The court examined whether it could compel the respondent to decide the representation within a specific timeframe. Finding no impediment, the judge ordered the respondent to pass a reasoned order on the representation within three months and to communicate the decision by registered post. Consequently, the petition was disposed without any order as to costs.
Issues considered
- Whether the High Court can direct the Divisional Controller to decide the petitioner’s representation dated 22‑02‑2023 within a stipulated period
- Whether the petition for revised retirement benefits under the 6th Pay Commission is maintainable in this proceeding
Subjects
- pension
- retirement benefits
- 6th Pay Commission
- representation
- writ
- High Court
- special civil application
Judgment
C/SCA/4387/2023 ORDER DATED: 24/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4387 of 2023
=====================================================
ABDUL RAUF ABDUL HAIDAR SHAIKH
Versus
DIVISIONAL CONTROLLER
=====================================================
Appearance:
MR MAHENDRA U VORA(3034) for the Petitioner(s) No. 1
MR HAMESH C NAIDU(5335) for the Respondent(s) No. 1
=====================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 24/03/2026
ORAL ORDER
1. By way of this petition, the petitioner has
prayed for the following reliefs:
“(A)YOUR LORDSHIPS be pleased to allow
this petition;
(B) YOUR LORDSHIPS be pleased to issue
appropriate writ, order or directions, to
consider his representation dated 22/02/23
pending and further be pleased to grant
revised retired benefits as per the 6th Pay
Commission and settlement of the
Corporation and State Government and grant
Revised pension and retired benefit in the
interest of justice; Annexure’D’;
(C) YOUR LORDSHIPS be pleased to issue
appropriate writ, order or directions,
directing the respondents to forthwith
grant retirement benefit as per settlement
and 6th pay Commission during the pendency
of the petition.
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C/SCA/4387/2023 ORDER DATED: 24/03/2026
(D) YOUR LORDSHIPS be pleased to grant
such other and further reliefs as may be
deemed fit and proper are deemed fit, in
the interest of justice.”
2. Learned advocate Mr. Mahendra Vora, appearing
for the petitioner, upon instructions, states
that the petitioner is pressing only the prayer
for deciding the representation dated
22.02.2023, which is pending with the
respondents.
3. Accordingly, the respondents are directed to
consider and decide the representation made by
the petitioner on 22.02.2023 within a period of
three months, strictly in accordance with law,
by passing a reasoned order and to communicate
the same to the petitioner by way of Registered
Post A.D.
4. With the above observations, the present
petition stands disposed of. Notice is
discharged. No order as to costs.
(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 24/03/2026 17:49:16
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