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2025 DIGILAW 43 (GUJ)

Ashokkumar Kantilal Vyas v. State of Gujarat

2025-01-31

BHARGAV D.KARIA

body2025
ORDER : 1. Heard learned advocate Mr. V.K. Joshi for the applicants, learned advocate Mr. D.M. Devnani for respondent nos.3,4 and 5 and learned Assistant Government Pleader Ms. Shrunjal Shah for the respondent State. 2. This application is filed with the following prayers: “A) Your Lordships may be pleased to admit and allow the present misc.application. B) Your Lordships may be pleased clarified/modified the order dtd. 13/3/2023 passed in SCA No.22426/2019 to that extent so that the present applicants can get the revised pension and arrears as earlier possible at Annex-R-1. C) Any other and further relief/s may kindly be granted in the interest of justice;” 3. It is the case of the applicants that this Court vide order dated 13.03.2023 in group of the petitions directed the respondents, in view of the facts of the case, to pass necessary orders for fixation of pay of the applicants equivalent to grant entry level of pay of Rs.29,500/- and consequential orders for fixation of pension and payment of arrears. 4. Learned advocate Mr. V.K. Joshi appearing for the applicant submitted that while giving effect to the order passed by this Court in fixation of pension, the pension payment office did not give effect to the six increments which was granted to the applicant while fixing the entry level pay scale as per Government Resolution dated 03.06.1976 and wrongly applied the order passed by the Registrar, High Court of Gujarat which have come into effect from 10.04.2017. 5. It was submitted that the applicants have already retired prior to 2017 and therefore, there was no question of reducing six increments which was granted to the applicants in accordance with aforesaid Government Resolution while fixing the pension after granting the entry level pay to the applicants as per the directions of this Court in pay scale of 29,500/-. It was further submitted that the applicants therefore, preferred MCA No.1740/2023 under the provisions of Contempt of Courts Act,1971 which was disposed off on the ground that no direction has been issued in the order dated 13.03.2023 passed by this Court insofar as benefit of six pre-mature increments was concerned. 6. It was therefore, submitted that the respondent authorities could not have reduced the pension by six increments after granting entry level pay scale of Rs. 29,500/-. 7. 6. It was therefore, submitted that the respondent authorities could not have reduced the pension by six increments after granting entry level pay scale of Rs. 29,500/-. 7. Considering the above submissions, it is apparent that this Court has directed the respondents to fix pay of Rs.29,500/- and fix the pension accordingly, and there is no need for any further direction for not reducing six increments to which the applicants were otherwise eligible as the applicants have already retired prior to2017. 8. Application is accordingly disposed off.