High Court of Gujarat

LATE SHRI PARMAR RAYSANGBHAI PUNABHAI THROUGH HIS WIFE KANKUBEN RAYSANGBHAI PARMARversusSTATE OF GUJARAT

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: NIRAL R MEHTA

Holding

The petition is allowed; respondents are directed to grant the petitioners the benefits of the 6th Pay Commission, the 50 % DA merger, and the 7th Pay Commission as per the earlier orders.

Summary

The petitioners, represented by the late Shri Parmar’s widow and others, filed a special civil application seeking the benefits of the 6th Pay Commission, a 50 % merger of Dearness Allowance into basic salary, leave encashment, and the benefits of the 7th Pay Commission. The Court examined earlier directives – para 11(i) and (iii) of the order dated 21‑12‑2017 in Special Civil Application No. 18120 of 2016 and the order dated 11‑03‑2022 in Special Civil Application No. 13538 of 2020 – which govern the entitlement to the 6th Pay Commission and DA merger, and the 7th Pay Commission respectively. Relying on those precedents and on Letters Patent Appeal No. 325 of 2018, the Court directed the respondents to grant the petitioners the stipulated benefits, with implementation to be completed within four months of receipt of the order. Direct service of the order was permitted. The petition was therefore allowed.

Issues considered

Whether the petitioners are entitled to the benefits of the 6th Pay Commission as per the earlier order in Special Civil Application No. 18120 of 2016.
Whether the petitioners are entitled to a 50 % merger of Dearness Allowance into basic salary as directed in the same order.
Whether the petitioners are entitled to the benefits of the 7th Pay Commission as per the order in Special Civil Application No. 13538 of 2020.

Subjects

6th Pay Commission7th Pay CommissionDearness AllowanceDA mergerLeave encashmentService benefitsGujarat

Judgment

      C/SCA/9569/2026                                       ORDER DATED: 17/07/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 9569 of 2026

==========================================================
 LATE SHRI PARMAR RAYSANGBHAI PUNABHAI THROUGH HIS WIFE
           KANKUBEN RAYSANGBHAI PARMAR & ORS.
                          Versus
                 STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MS ASHLESHA M PATEL(6127) for the Petitioner(s) No. 1,2,3,4
MS VANITA BHATWANI AGP for the Respondent(s) No. 1
MR. HARDEEP L MAHIDA(7112) for the Respondent(s) No. 2,3,4
==========================================================

  CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                                Date : 17/07/2026

                                 ORAL ORDER


[1]             Rule returnable forthwith. Learned counsels appearing

for the respective respondents waive service of notice of Rule on

behalf of the respective respondents.


[2]             The petition pertains to the benefits of the 6th Pay

Commission,             50%   merger      of     Dearness      Allowance,         leave

encashment and the benefits of the 7th Pay Commission.


[3]             As far as the prayers with regard to 6th Pay Commission

and 50% merger of Dearness Allowance is concerned, it will be

governed by para 11(i) & (iii) of the order dated 21.12.2017

                                       Page 1 of 3
      C/SCA/9569/2026                                ORDER DATED: 17/07/2026




passed in Special Civil Application No. 18120 of 2016, which reads

as under:

       “11              XXX     XXX            XXX
       (I) Respondents are directed to grant the petitioners the benefit
       of 6th Pay Commission on the lines as is granted to the
       similarly situated petitioners in Anand Bhausaheb Pawar
       (supra)as per judgment dated 18th October, 2016 read with the
       modified directions issued in Miscellaneous Civil Application No.
       375 of 2017 and accordingly confer the benefits of 6th pay
       Commission for future effect with effect from 14th November,
       2014;


                                XXX XXX XXX


       (iii) Respondents are directed to grant the benefit of the State
       Government Resolution dated 08th October, 2007 to the
       petitioners as is granted in case of other daily-wagers working
       with respondent No.2 Board by merging 50% of the Dearness
       Allowance in the basic salary of the petitioners with effect from
       01st April, 2004”


[4]             As far as the benefits of the 7 th Pay Commission is

concerned, the case of the petitioners for such benefits will be

governed by an order dated 11.03.2022 passed in Special Civil

Application No.13538 of 2020.


                                 Page 2 of 3
           C/SCA/9569/2026                                                           ORDER DATED: 17/07/2026




   [5]                  Accordingly, the petition is allowed for the prayers as

   aforesaid. The petitioners’ case shall be considered in light of the

   decision in Letters Patent Appeal No. 325 of 2018 and in Special

   Civil Application No. 13538 of 2020 within a period of four months

   from the date of receipt of copy of this order.


             Direct service is permitted.


                                                                                          (NIRAL R. MEHTA,J)
   CHANDRESH


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CHANDRESH NATVARBHAI SIDDHAPURA(HC01109), PRIVATE SECRETARY, at High Court of Gujarat on 20/07/2026 17:25:51




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