(1.) Heard learned Advocate Mr. Rishabh Acharya for learned Advocate Ms. Harshal Pandya on behalf of the petitioners and learned Advocate Ms. Reeta Chandarana on behalf of the respondents.
(2.) Rule returnable forthwith. Learned Advocate Ms. Chandarana waives service of rule on behalf of the respondents.
(3.) Considering the submissions made by learned Advocate for the petitioners, it would appear that both of the petitioners have retired on 30 th June of various years and whereas they have been denied benefit of increment which fell due on the 1st July. It would appear that the respondents have relied upon Rule 39 of the Gujarat Civil Services (Pay) Rules, 2002 to deny the benefit of one increment and consequential benefits to the petitioners whereas, it would be a submission on behalf of the petitioners that the issue is no more res integra more particularly since various learned Coordinate Benches of this Court including Hon'ble Division Benches of this Court having taken a view in favour of the persons similarly situated to the present petitioners.