High Court of Gujarat

PRAFULLA NIKHILKUMAR SHAHversusSTATE OF GUJARAT

Decided: 29 January 2026
Disposal: 35-ANY OTHER MODE @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

The court held that the petitioner may make a representation and the respondents must decide the claim for interest within three months.

Summary

The petitioner, Prafula Nikhilkumar Shah, had received all retirement benefits including arrears but alleged that interest was not paid on the delayed payment of those benefits, which were paid after a delay of about three and a half years. The petitioner sought to make a representation for interest and asked the court to direct the respondents to decide the matter. The court observed that the grievance was limited to non‑payment of interest and allowed the petitioner to file a representation. It directed the State of Gujarat and other respondents to decide the claim for interest within three months of receiving the representation, in accordance with law. The petition was consequently disposed of without any order as to costs.

Issues considered

Whether interest is payable on the delayed payment of retiral benefits

Subjects

retiral benefits
interest
delayed payment
representation
High Court of Gujarat
civil application

Judgment

     C/SCA/8863/2025                                 ORDER DATED: 29/01/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 8863 of 2025

==========================================================
                        PRAFULLA NIKHILKUMAR SHAH
                                  Versus
                         STATE OF GUJARAT & ORS.
==========================================================
Appearance:
ULLASH N GOHIL(8357) for the Petitioner(s) No. 1
MR AAKASH GUPTA, GOVERNMENT PLEADER for the Respondent(s) No.
1,2,4
==========================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                              Date : 29/01/2026

                               ORAL ORDER


1.    Learned          Advocate,   Mr.      Gohil,   appearing        for      the

petitioner submitted that the petitioner has received all the

benefits, including arrears, however, the interest is not paid

on the delayed payment of amount towards retiral benefits

for which the petitioner shall make a representation and the

respondents may be directed to decide the same.



2.    Heard. Considering the fact that the petitioner has

received all the benefits and his grievance is only qua non-

payment of interest on the delayed payment of amount

towards retiral dues, which is paid after the delay of about

three and a half year, the petitioner is permitted to make a


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          C/SCA/8863/2025                                                    ORDER DATED: 29/01/2026




   representation and the Respondents are directed to decide

   the same in accordance with law and within the period of

   three months, from the date of receipt of the same.



   3.        This petition stands disposed of, accordingly.                                               No

   order as to costs.


                                                                                (NIRZAR S. DESAI,J)
   UMESH/-


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 29/01/2026 17:49:37




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Aakash Gupta