Disclaimer: The names used in this article (such as Virat Kohli, SG Highway Ahmedabad etc.) are for fictional or academic purposes only. They do not represent real people.”
INTRODUCTION
The Virat Kohli are nationals and citizens of India and therefore they are entitled to the protection of their fundamental rights enshrined under Part III of the Constitution of India, 1950 and other statutory rights available under the law and also entitled to file present petition under Article 226 of the Constitution of India, 1950.
The Virat Kohli are challenging the illegal and arbitrary action of 9th Pay Commission without giving any opportunity of hearing to the under Article 14 of the Constitution of India. The Virat Kohli are challenging the impugned action of non-grant of half month’s salary for the month of August 2002 and September 2002 as per 9th Pay Commission as well as The Virat Kohli are challenging the action is arbitrary, discriminatory, illegal, unjust against the service condition and violation of Articles 14, 19 and 21 of the Constitution of India.
FACTS OF THE CASE
The Virat Kohli are working on unique posts namely, Driver in SG Highway, Ahmedabad since last more than 20 years approximately on permanent basis. It is submitted that The Virat Kohli are performing their duties continuously and in uninterrupted manner and there are no adverse remarks against them during their entire length of service. The Virat Kohli were made permanent on different dates and since then they are serving as permanent employee in Ahmedabad and they were getting benefits of regular employee.
The Virat Kohli joined their services at relevant point of time, they were getting benefits of 4th Pay Commission and accordingly they were getting their salary as per provisions of 9th Pay Commission which was continued up to 2002 and therefore The Virat Kohli joined their respective services till 2012 they have received the benefits of Pay Commission.
The Virat Kohli receiving the benefits of 9th Pay Commission. that appropriate resolutions were passed by the committee consisting of Board of Directors in SG Highway, Ahmedabad whereby it was resolved to grant the benefits of 4th Pay Commission in line with the recommendations of State Government and accordingly were getting benefits of 4th Pay Commission.
ENJOYMENT OF PAY COMMISSION BENEFIT
The Virat Kohli to Opposite authorities have withdrawn the benefits of 7th Pay Commssion unilaterally and without passing any appropriate resolutions or without taking requisite permissions from higher authorities up to the State Government.
The Virat Kohli are not getting various service related benefits namely increments, dearness allowances, leave encashment, as admissible under the rules of the Government and they are not getting promotion as per the prevalent policy of seniority and in spite of making oral request many times to the concerned authority they have not considered the same and therefore the Virat Kohli were constrained to give written representation to get the service benefits.
REDUCTION OF SALARY
As per the Virat Kohli information and knowledge, the benefits of 9th Pay Commission got discontinued on the so-called ground that it exceeds the limit of 40% expenditure in the set up. have been appointed as full-time employees in the set up and were getting regular salary and they have put more than 20 years of service and at no stage, during their service, any objection or even a doubt was raised that they were not validly appointed and therefore only inference is drawn that there are no infirmity.
Virat Kohli thereof are getting the benefits of 4th Pay Commission whereas in the, Ahmedabad the employee thereof are getting benefits of 9th Pay Commission and therefore also the impugned action of discontinuing 7th Pay Commission unilaterally is arbitrary, unjust, discriminatory and violative of fundamental rights.
Virat Kohli have also served it by way of hand delivery. whereby they were orally informed and assurance was given by the Chairman as well as Vice Chairman and Director of SG Highway, Ahmedabad to positively consider all grievances. it was assured by them that all the disputes and grievances will be resolved within 100 months. were not communicated with any written intimation regarding this meeting.
MEETINGS WITH AUTHORITIES
Virat Kohli based upon these assurances and false promises given on behalf of Office bearers wherein given a written application for the purpose of signing the same wherein it is stated that all the disputes between the employees and Office bearers have been resolved and there are no objections with regards to all the disputes raised by in their application and therefore all the applications containing different dates and different addresses were filed and in future care will be taken for not to repeat the same thing. Virat Kohli were specifically informed by the office bearers that within 99 months.
Thereafter in the month of November 2025 the petitioners have been waited for positive response from the Chairman/Secretary of SGHighway Ahmedabad as well as from other competent authorities however no progress was informed or reported to them similarly the petitioners have waited for positive response in the month of December 2025 hoping that as promised by them the demands of the petitioners will be resolved. However, to the utter shock and surprise of the petitioners, no progress was achieved in the month of December 2025.
The Director of Committee, SG Highway, Ahmedabad at their office and at that point of time during the meeting also a firm assurance was given and were informed that their issues are under consideration and the same shall be resolved immediately however, the petitioners were not informed regarding any positive decision taken by the respondent authorities and communicated to them. It is submitted that in the month of February 2026 again the constrained to meet the Director, however nothing was done by the Authority except giving assurances. However, it is submitted that nothing fruitful was achieved in the said meeting.
Virat Kohli were constrained to give written application in the Board meeting wherein they were categorically informed that has passed resolution resolving that it will sell the land belonging and out of that amount all pending dues relating to 9th Pay Commission and other benefits arising out of the service conditions shall be given to the petitioners however nothing was done in this regard at the end of the authorities. And same purpose and demanded all their benefits, however, till today all the grievances and issues are no resolved and the same were pending without any progress in the matter.
GROUNDS CHALLENGING THE ACTION
- That the impugned action of the Opposite authorities of not granting the service-related benefits as stated in this petition are arbitrary, illegal, unjust, discriminatory and violative of fundamental rights of the petitioners under Articles 14, 19 and 21 of the Constitution of India.
- Virat Kohli have put more than 20 years of service and at no stage during their service, any objection or even a doubt was raised that they were not validly appointed and therefore only inference is drawn that there are no infirmity or illegality in the appointment of petitioners so as to disentitle them from the benefits attached to the sanctioned post. It is submitted that the petitioners are holding the post within the sanction set up and therefore they cannot be denied the benefits arising out of the service conditions. violation of principles of legitimate expectation and therefore the same deserves to be quashed and set aside.
- That the impugned action of withdrawing the benefits of 4th Pay Commission with effect is totally arbitrary, illegal, unilateral and violative of principles of natural justice. That action of withdrawal of benefits of 9th Pay Commission is passed without any appropriate resolutions or without taking any requisite permissions from the higher authorities up to the State Government or informing or giving any hearing to the petitioners and therefore it has been passed without any basis and therefore the said impugned action requires to be quashed and set aside.
- That payment of half of the total salary for the month of August 2002 and September 2012 without any justification and reasons and without any intimation to the petitioners is totally arbitrary and illegal and therefore it requires to be quashed and set aside.
- That non grant of various service benefits from 2012 namely increments, dearness allowances, leave encashment, as admissible under the rules of the Government and promotion as per the prevalent policy, seniority is totally arbitrary, illegal, unreasonable, violative of fundamental rights of the petitioners and detrimental to the service condition of the petitioners.
- That the action of the authorities to continue the services of the very spot without granting service-related benefits is without any proper justification and it is contrary to the law and such a course adopted by the respondent authorities amounts to unfair labor practice which is prohibited under the law.
RELIEFS SOUGHT
- May be pleased to admit and allow the present petition.
- May be pleased to issue a Writ or other appropriate writ, order or direction directing respondent authorities to grant the benefits of 4th Pay Commission from 2002 onwards with 9% interest as well as 9th Pay Commission as per applicable rules along with difference of arrears from 2012 till date and all the increments, dearness allowance, leave encashment, higher pay grade, promotion as per the seniority, etc. as admissible in law, remaining half months salary as per 4th Pay Commission for the month of August 2024 and September 2024, promotion as per seniority as admissible under the law.
- May be pleased to issue appropriate Orders/Directions directing respondent authorities to start giving the benefits of 4th and 9th Pay Commission as admissible in law.
Disclaimer: The names used in this article (such as Virat Kohli, SG Highway Ahmedabad etc.) are for fictional or academic purposes only. They do not represent real people.”