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High Court of Gujarat

RASIKLAL NARANBHAI KUNDADIYAversusSTATE OF GUJARAT

Decided
Disposal
35-ANY OTHER MODE @ ADM.STAGE

Holding

The petitioners are entitled to the one‑increment benefit and the respondents must grant the benefits within three months, subject to a reasoned order if any entitlement is denied.

Summary

The petitioners, retired government employees whose birthdays fall in June, retired on June 30 and claim they were denied the one‑increment benefit that becomes payable on July 1. They filed a special civil application seeking the increment, arrears with interest, and costs. The Court examined the matter in light of the Supreme Court’s decision in Union of India & Others v. M. Siddaraj, which clarified the entitlement of retirees to an additional increment and the retroactive period for payment. The High Court held that the petitioners fall under Category D of the Supreme Court ruling and are therefore entitled to the increment. Accordingly, the respondents were directed to grant the benefits within three months, or issue a reasoned order if any petitioner is not entitled, and the petition was disposed of without costs.

Issues considered

  • Whether retirees who superannuate on June 30 are entitled to the one‑increment benefit as per the Supreme Court’s decision in Union of India & Others v. M. Siddaraj.
  • Whether the Supreme Court’s directives regarding retroactive payment of the increment apply to the petitioners.

Subjects

  • pension
  • increment
  • superannuation
  • retirement benefits
  • Supreme Court precedent
  • administrative law
  • writ petition
  • arrears

Judgment

     C/SCA/8392/2024                                ORDER DATED: 20/04/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 8392 of 2024

==========================================================
                 RASIKLAL NARANBHAI KUNDADIYA & ORS.
                                Versus
                       STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR VAIBHAV A VYAS(2896) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,3,4,5,6,7,8,9
MR HS MUNSHAW(495) for the Respondent(s) No. 6
MR.KRUTIK A PARIKH(7268) for the Respondent(s) No. 5
NIYATI V VAISHNAV(6168) for the Respondent(s) No. 7
MR HENIL SHAH AGP for the Respondent(s) No. 1,2,3,4,8,9
==========================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                             Date : 20/04/2026

                              ORAL ORDER


1.    Heard learned advocate Mr.Kadiwala for learned advocate
Mr.Vyas for the petitioners and learned AGP Mr.Henil Shah for
the Respondent- State, learned advocate Mr.Krutik Parikh for
the respondent No.5 and learned advocate Ms Niyati Vaishnav
for the respondent No.7 and learned advocate Mr.Munshaw for
the Respondent No.6.


2.    By way of this petition, the petitioners have prayed for
following relief;


      (A) Direct the respondent authorities to grant one
      increment to the petitioners as per their entitlement and
      consequentially, direct the respondent authorities to revise


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     C/SCA/8392/2024                          ORDER DATED: 20/04/2026




        the pension and other retirement benefits of the
        petitioners and make payment of arrears with interest at
        the rate which the Honourable Court may deem just and
        proper, and

        (B) Pending admission and final disposal of this petition
        the Honourable Court may be pleased to direct the
        respondent authorities to consider the case of the
        petitioners for grant of one increment, and

        (C) Award the cost of this petition, and

        (D) Grant any other relief or pass any other order which
        the Honourable Court may consider as just and proper in
        the facts and circumstances of the case.



3.      It is the case of the petitioners that each of the
petitioners joined service under the various respondents, and
their birth month falls in June. Therefore, they attained the
age of superannuation on June 30 of their respective years.
Consequently, they were not granted the benefit of one
increment that would have fallen due on July 1 of the same
year.


4.      Considering the prayers made, as well as the fact that
the issue regarding grant of one increment to employees
retiring on 30th June of every year has been considered by the


                               Page 2 of 6
    C/SCA/8392/2024                            ORDER DATED: 20/04/2026




Hon’ble Supreme Court in Union of India & Others vs. M.
Siddaraj in Miscellaneous Application Diary No. 2400 of 2024
in Civil Appeal No. 3933 of 2023, wherein the Hon’ble
Supreme Court, by order dated 20th February 2025, passed the
following order:


     “Miscellaneous Application Diary Nos.                  2400/2024,
     35783/2024, 35785/2024 and 35786/2024

          Delay condoned.
          We had passed the following interim order dated
     06.09.2024, the operative portion of which reads as
     under:

             “(a) The judgment dated 11.04.2023 will be given
             effect to in case of third parties from the date of the
             judgment, that is, the pension by taking into
             account one increment will be payable on and after
             01.05.2023. Enhanced pension for the period prior to
             31.04.2023 will not be paid.
             (b) For persons who have filed writ petitions and
             succeeded, the directions given in the said judgment
             will operate as res judicata, and accordingly, an
             enhanced pension by taking one increment would
             have to be paid.
             (c) The direction in (b) will not apply, where the
             judgment has not attained finality, and cases where
             an appeal has been preferred, or if filed, is
             entertained by the appellate court.


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C/SCA/8392/2024                           ORDER DATED: 20/04/2026




         (d) In case any retired employee has filed any
         application for intervention/impleadment in Civil
         Appeal No. 3933/2023 or any other writ petition and
         a beneficial order has been passed, the enhanced
         pension by including one increment will be payable
         from the month in which the application for
         intervention/ impleadment was filed.”

       We are inclined to dispose of the present
 miscellaneous applications directing that Clauses (a), (b)
 and (c) of the order dated 06.09.2024 will be treated as
 final directions. We are, however, of the opinion that
 Clause (d) of the order dated 06.09.2024 requires
 modification which shall now read as under:

          “(d) In case any retired employee filed an
          application      for   intervention/impleadment/writ
          petition/original application before the Central
          Administrative Tribunal/High Courts/this Court, the
          enhanced pension by including one increment will
          be payable for the period of three years prior to the
          month in which the application for intervention/
          impleadment/ writ petition/ original application was
          filed.”

       Further, clause (d) will not apply to the retired
 government employee who filed a writ petition/original
 application or an application for intervention before the
 Central Administrative Tribunal/High Courts/this Court
 after the judgment in “Union of India & Anr. v. M.
 Siddaraj”1, as in such cases, clause (a) will apply.

                           Page 4 of 6
     C/SCA/8392/2024                               ORDER DATED: 20/04/2026




            Recording     the    aforesaid,   the    miscellaneous
      applications are disposed of.
            We, further, clarify that in case any excess payment
      has already been made, including arrears, such amount
      paid will not be recovered.
            It will be open to any person aggrieved by non-
      compliance with the directions and the clarification of
      this Court, in the present order, to approach the
      concerned authorities in the first instance and, if
      required, the Administrative Tribunal or High Court, as
      per law.
            Pending         applications       including        all
      intervention/impleadment applications shall stand disposed
      of in terms of this order.

      Contempt Petition (Civil) Diary Nos.                    38437/2023,
      38438/2023, 11336/2024 and 20636/2024

            In view of the order passed today in the connected
      matters, that is, M.A. Diary No. 2400 OF 2024 and other
      connected applications, the present contempt petitions
      will be treated as disposed of with liberty to the
      petitioners to take recourse to appropriate remedies, if
      required and necessary, as indicated supra. It goes
      without saying that the respondents shall examine the
      cases of the petitioners/ applicants in terms of the order
      passed today and comply with the same expeditiously.
            Pending application(s), if any, shall stand disposed
      of.”

5.    According        to   learned     advocate    Mr.Kadiwala,             the


                                 Page 5 of 6
           C/SCA/8392/2024                                                                 ORDER DATED: 20/04/2026




  petitioner's case would fall under Category D stated in the first
  paragraph of the above-referred decision of the Hon’ble
  Supreme Court. Learned AGP Mr. Henil Shah, learned advocate
  Mr.Munshaw, learned advocate Ms.Krutik Parikh and learned
  advocate Ms Niyati Vaishnav could not dispute the aforesaid
  fact.


  6.         Accordingly, the Respondents are directed to consider the
  case of the petitioners in light of the aforesaid decision of the
  Hon’ble Supreme Court in M. Siddaraj (supra) and to extend
  the benefits, as per the entitlement of each of the petitioners,
  within a period of three months from the date of receipt of
  this order.


  6.1. In case if the respondent authority is of the view that
  any of the petitioners is not entitled to the benefit as prayed
  in this petition, a reasoned order for that may be passed and
  the same may be communicated to the petitioners within
  period of three months from the date of receipt of this order.


  7.         With the above direction, the petition stands disposed of.
  Notice is discharged. No order as to costs.



                                                                                               (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 20/04/2026 16:23:44

                                                            Page 6 of 6


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