JOSHI NITINKUMAR SANKABHAIversusSTATE OF GUJARAT

     C/SCA/13339/2024                                   ORDER DATED: 07/08/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 13339 of 2024
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                    JOSHI NITINKUMAR SANKABHAI & ORS.
                                  Versus
                         STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR NK MAJMUDAR(430) for the Petitioner(s) No. 1,10,2,3,4,5,6,7,8,9
MS DHARITRI PANCHOLI, AGP for the Respondent(s) No. 1,2,3
MR KAMLESH S KOTAI(6150) for the Respondent(s) No. 4
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  CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                            Date : 07/08/2026
                                ORAL ORDER

1.             Since,        the     issue         involved         in       this
petition is no more res-integra, therefore, by
the consent of the learned advocates appearing
for the respective parties, the petition is taken
up for final hearing.

2.             Rule, returnable forthwith. Learned AGP
waives         service        of    rule          on    behalf        of          the
respondent Nos.1 to 3 whereas Learned Advocate
Mr.Kotai         waives      service        of     notice      of     Rule         on
behalf of respondent No.4.

3.             At the outset, learned advocates for the
respective              parties    jointly        submitted         that          the
issue raised in this petition is covered by a
decision          of     Division      Bench       of    this       Court          in
Letters Patent Appeal No.659 of 2024 and other


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aligned LPAs vide order dated 11.07.2024 with the
direction           that   the    actual       arrears       shall          be
restricted for a period of three years prior to
the filing of the respective writ petitions.

4.             In view of the aforesaid, at this stage,
since the facts are not much in dispute and for
the sake of brevity, it is thought not fit to
narrate the same and hereafter. Thus, this Court
would straightaway like to refer the decision of
the Division Bench as under:-


      “19. The Apex Court has held that the claim
      which is related to service benefits, one of
      the exceptions to the said rule of delay and
      latches relating to a continuing wrong. It is
      held that where a service-related claim is
      based on a continuing wrong, relief can be
      granted even if there is a long delay in
      seeking remedy, with reference to the date on
      which the continuing wrong commenced, if such
      continuing wrong creates a continuing source of
      injury.   But   there   is   exception   to   the
      exception. Ultimately, it is held that the High
      Courts   will   restrict   consequential   relief
      relating to arrears normally to a period of 3
      years prior to the date of filing of the writ
      petition.   The   Supreme   court  in   case   of
      Rushibhai Jagdishchandra Pathak (supra) has
      held that the High Court should not have taken
      the date of decision / judgement of the learned
      Single Judge for grant of benefits in view of
      the decision and ration in Tarsem Singh
      (supra), and further it is clarified that “only
      the date of filing of the writ petition is
      relevant while examining the question of delay
      and latches or limitation, and the arrears are
      to be confined for three years before the date
      of filing of the writ petition.”.



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      C/SCA/13339/2024                                   ORDER DATED: 07/08/2026




       20. Hence,    the   date   of   filing   of the
       respective writ petitions becomes very relevant
       while restricting the arrears for three years.
       In the present group of appeals, the writ
       petitions have been filed after considerable
       delay and hence, the grant of actual arrears to
       such writ petitioners is governed as per the
       law enunciated by the Apex Court in the
       aforementioned   decisions.   The   arrears are
       required to be restricted to the period of 3
       years prior to the date of filing of each of
       the respective petitions. The reliance placed
       on the decision of the Apex Court in the case
       of Lekh Ram (supra) will not apply to the
       present facts, since the issue with regard to
       delay in filing the writ petitions by the
       employee was neither raised nor examined.

       21. This directions will only be confined to
       those employees, who have belatedly filed writ
       petitioners beyond three years questioning the
       action of the State authorities in conferring
       the regular pay-scale belatedly, and not from
       their initial date of appointment.

       22. Hence, the directions issued by the
       learned Single Judges in the respective writ
       petitions is altered and all the employees
       shall be entitled to the actual arrears from a
       period of 3 years prior to the date of filing
       of the respective writ petitions. It is
       clarified that since we have not disturbed the
       decision with regard to the conferment of the
       regular pay-scale from the initial date of
       appointment,   the  pay   fixation  and  other
       benefits to all the employees shall counted
       notionally for the intervening period.”


5.              Keeping          in          mind        the        aforesaid
proposition, without entering into the merits of
the      case,           the   following            directions      has       been
passed:

(a) The present writ petition stand allowed;


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      C/SCA/13339/2024                                          ORDER DATED: 07/08/2026




(b)       The       respondents             are        directed            to      issue
modified           appointment          order          to      the      petitioners
after verification of the death certificate of
the      predecessor             inasmuch            as       the    date       of        the
appointment of the petitioners would be treated
as the date on which they had entered service on
regular pay-scale;

(c) Consequential benefits including benefits of
arrears          etc.,         which    the          petitioners            would          be
entitled to upon such placement would be given to
the petitioners for a period of three years prior
to date of filing of the writ petition;

(d) It is clarified that consequential benefits
would include all benefits as would have been
available                to     the     petitioners                  as      if           the
petitioners were appointed on regular basis on
the date of their appointment and would include,
but      not       be         restricted       to         fixing        appropriate
seniority,               fixation      of     pay         /    opening          of        GPF
accounts (if applicable) etc.) It is clarified
that the petitioners would be treated as being
appointed on regular pay-scale from the date of
his original appointments and whereas the period
prior to 3 years from the date of filing of the
writ petition shall be treated as notional for
all purposes;



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      C/SCA/13339/2024                                                        ORDER DATED: 07/08/2026




(e) Furthermore,                          to         ensure               compliance,                      the
petitioners are                         directed to produce copies of
the        above             order              before               their              appropriate
authority to ensure that the authorities are in
the know about the order of this Court;

(f) The          above            decision               shall           be       complied               with
within a period of four months from the date the
petitioners submit the order in question to the
respective head of the departments.

6.              With the above directions, the present
petition is disposed of as allowed. Rule is made
absolute to the aforesaid extent.


                                                                       (NIRAL R. MEHTA,J)
ANUP
 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: ANUP VYOMESH PARIKH(HC00956), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 07/08/2026 18:00:34




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