High Court of Gujarat
KHALIFA MAHAMMAD RAFIQUE REHEMANBHAIversusTHE STATE OF GUJARAT
- Decided
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The petitioners are entitled to the arrears of pay revision as per the 7th Pay Commission from 1 January 2016, with interest if payment is delayed.
Summary
The petitioners, daily‑rated employees, filed a special civil application seeking a writ of mandamus directing the State of Gujarat to extend the benefits of the 7th Pay Commission from 1 January 2016 and to pay the resulting arrears with interest. The petitioners argued that despite having received benefits under a 1988 Government Resolution, they were denied the 7th Pay Commission revisions. The State relied on its own resolutions dated 16 August 2016, 12 September 2017 and 13 May 2022, which indicated a policy to pay such benefits to its employees, including those of the petitioners' nature. The Court noted the settled principle that a daily‑rated employee becomes a regular employee after completing the requisite service years and is then entitled to all regular employee benefits. Accordingly, the Court ordered the State to pay the arrears from 1 January 2016, with 6% per annum interest if not paid within six weeks, and disposed of the petition as allowed.
Issues considered
- Whether the petitioners are entitled to the benefits of the 7th Pay Commission revision and arrears from 1 January 2016.
- Whether the State Government's resolutions constitute a binding policy obligating payment of such benefits.
- Whether a daily‑rated employee, upon attaining regular status, is entitled to all benefits available to regular employees.
Subjects
- 7th Pay Commission
- arrears of pay
- mandamus
- regularisation
- daily‑rated employee
- interest
- state policy
- Gujarat
Judgment
C/SCA/4872/2026 ORDER DATED: 09/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4872 of 2026
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KHALIFA MAHAMMAD RAFIQUE REHEMANBHAI & ANR.
Versus
THE STATE OF GUJARAT & ORS.
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Appearance:
MR VK JOSHI(2329) for the Petitioner(s) No. 1,2
MR HENIL SHAH AGP for the Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 09/04/2026
ORAL ORDER
1. Heard learned Advocate Mr. V.K. Joshi for the petitioners
and learned AGP Mr.Henil Shah for the respondent State.
2. By way of this petition, the petitioners pray for the
following reliefs:-
“(A) Your Lordship may be pleased to admit and allow
this petition;
B) Your Lordships may be pleased to issue a writ of
mandamus and/or any other appropriate writ, order and
shall be pleased to direct the Respondent authorities to
extend the benefit of 7th Pay Commission Report w.e.f.
1/1/2016 onwards and pay the arrears arising from such
revision of pay as per 7th Pay Commission Report to the
petitioners with 12% interest.
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C/SCA/4872/2026 ORDER DATED: 09/04/2026
(C) Your Lordships may be pleased to grant such other
and further relief that may be deemed fit and proper in
the facts and circumstances of the case.”
3. Considering the submissions made by learned Advocate Mr.
Joshi, it would appear that the petitioners herein, though
having been paid all the benefits as entitled to under G. R.
dated 17.10.1988, the petitioners have not been given benefits
of revision of pay under the recommendations of 7 th Pay
Commission with arrears w.e.f. 1.1.2016 with interest at the
rate of 6% per annum.
4. Learned Advocate Mr. Joshi would draw the attention to
this Court to Government Resolutions dated 16.8.2016,
12.9.2017 and 13.5.2022, whereby the respondent State had
resolved to pay its employees the benefits of the
recommendations of 7th Pay Commission. It also appears that
the last Resolution dated 13.5.2022 is specifically with regard
to employees of the nature of the present petitioners.
5. Considering the same, it would appear that the State
Government already having taken a policy decision with regard
to paying benefits of revision of pay as per recommendation of
7th Pay Commission, there was no reason to deny the benefits
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C/SCA/4872/2026 ORDER DATED: 09/04/2026
to the present petitioners. It also requires to be mentioned that
by now it is well settled position of law, more particularly as
per the law propounded by the Hon’ble Apex Court that upon
completion of requisite number of years, a person who has
entered service as daily-rated employee would attain the status
of regular employee and upon attaining the status of regular
employee, he would be entitled to all the benefits as are
available to a regular employee.
6. Having regard to such a position of law and since the State
has already taken a policy decision by way of Resolution to
pay its employees revision of pay as per the recommendation
of 7th Pay Commission, the present petition is disposed of with
the following directions :-
1. The respondents shall pay to the petitioners the arrears
of revision of pay as per the recommendation of 7th Pay
Commission from 1.1.2016 as per the policy of the State
Government;
2. The above exercise shall be completed within a period
of six weeks from the date of receipt of this order and
whereas in case the amount is not paid within six weeks,
the amount shall carry interest at the rate of 6% p.a.,
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C/SCA/4872/2026 ORDER DATED: 09/04/2026
from the date of filing of the petition.
7. With the above observations and directions, the petition
stands disposed of as allowed to the aforesaid extent. Direct
service is permitted.
(NIRZAR S. DESAI,J)
BHAVIN MEHTA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 09/04/2026 17:49:17
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