MUKESHBHAI NATVARLAL THAKER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the outset, it is submitted by the learned advocate Mr.Joshi, appearing for the petitioners that the issue is no more res integra in view of the decision of the Apex Court dtd. 30/9/2022 passed in Special Leave Petition (Civil) Diary No.26295 of 2022. He has submitted that on an identical issue, the order dtd. 11/8/2021 passed by this Court in Special Civil Application No.10308 of 2021 has been confirmed, even by the Division Bench as well as by the Apex Court.

(2.) In the present writ petition, the petitioners, who are the employees of the State Judiciary, are seeking the benefits of one notional increment as per the Clause 10 of the Gujarat Civil Services (Revision of Pay) Rules, 2009 issued by the Finance Department vide Notification dtd. 27/2/2009.

(3.) The similar issue was under consideration before this Court and by the order dtd. 11/8/2021 passed in Special Civil Application No.10308 of 2021, this Court, after examining the relevant provisions of Rule 39(i) of the Gujarat Civil Services (Pay) Rules, 2002, has held thus: