NEUTRAL CITATION
C/SCA/17745/2023 ORDER DATED: 10/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17745 of 2023
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KANUBHAI VITTHALBHAI PATEL
Versus
SECRETARY
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Appearance:
MR HB SINGH(2073) for the Petitioner(s) No. 1,2,3
for the Respondent(s) No. 1,3,4
MR ADITYA PATHAK, AGP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 10/10/2023
ORAL ORDER
1. Heard learned advocate Mr.H.B. Singh on behalf of the petitioners and learned Assistant Government Pleader Mr.Aditya Pathak on behalf of the respondent - State.
2. Learned advocate Mr.Singh would submit that the case of the present petitioners being squarely covered by decision of Hon'ble Division Bench of this Court rendered in Letters Patent Appeal No.380/2016 and allied matters dated 29.06.2018, the grievance raised by the present petitioners at this stage could be assuaged if a representation which is preferred by the petitioners relying upon the said judgment may be directed to be decided by the respondents within a specific period of time.
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NEUTRAL CITATION C/SCA/17745/2023 ORDER DATED: 10/10/2023 undefined
3. Considering the submission made by learned advocate Mr.Singh, since the same appears to be reasonable, the following directions are passed:-
(i) The representation preferred by the petitioners, more particularly the legal notice sent through learned Advocate dated 31.07.2023, to be decided by the respondent No.3 in consultation with respondent No.2, within a period of six weeks from today.
(ii) It is directed that if the petitioners are similarly situated to the employees in Letters Patent Appeal No.380/2016, then the benefits as made available to the said employees may be passed on to the present petitioners as expeditiously, but not later than six weeks from the date of decision as per 3(i), as above.
(iii) In case the present petitioners are aggrieved by the decision of the respondents, then it would be open for the petitioners to question the same before appropriate forum in accordance with law.
4. With the above observations and directions, the present petition stands disposed of. Needless to clarify that this Court Page 2 of 3 Downloaded on : Tue Oct 10 20:51:47 IST 2023 NEUTRAL CITATION C/SCA/17745/2023 ORDER DATED: 10/10/2023 undefined has not entered into the merits of the matter. Direct service is permitted.
(NIKHIL S. KARIEL,J) BDSONGARA Page 3 of 3 Downloaded on : Tue Oct 10 20:51:47 IST 2023