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Service & Administrative LawSupreme Court of India

Chhaganbhai Kohyabhai Pateliya & Ors. v. State of Gujarat & Ors.

Civil Appeal · 2026 INSC 1088Decided 6 Oct 2026
Civil Appeal arising out of SLP (Civil) No. 26129 of 2025
Justice Sanjay Kumar · Justice Sanjeev Sachdeva

Background

The appellants retired on 30 June in various years but were denied the annual increment that fell due on 1 July of those years. A learned Single Judge of the Gujarat High Court accepted their claim for the increment and the arrears. The State's appeal succeeded before a Division Bench, which set aside that order, and the appellants came to the Supreme Court.

Decision Breakdown

The Supreme Court allowed the appeal in the terms it set out. Because the Single Judge was dealing with a batch of employees, the Court held that each claimant must apply, and the authorities must verify each claim and pay the increment and revise pension and retiral dues accordingly. It extended the same benefit to the proforma respondents who had not joined the appeal. It directed the authorities to release the amounts due within 30 days, failing which interest at 6% per annum would be payable from the date of default. It also left the individual calculations to the authorities, relying on its earlier orders on arrears and interest.

Lesson Learnt

An employee who retires on 30 June may be entitled to the increment that falls due on 1 July after completing a year of service. Authorities that delay paying the amounts due must pay interest after the deadline set by the court.

Chhaganbhai Kohyabhai Pateliya & Ors. v. State of Gujarat & Ors. – Legal Case Shots | LegalAware