Gujarat High Court
Varis Ibrahimbhai Talat vs State Of Gujarat on 1 January, 2024
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/21660/2023 ORDER DATED: 01/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 21660 of 2023
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VARIS IBRAHIMBHAI TALAT
Versus
STATE OF GUJARAT
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Appearance:
MR GAURAV CHUDASAMA(5660) for the Petitioner(s) No. 1,2,3,4,5
for the Respondent(s) No.
10,100,101,102,103,104,105,106,107,108,109,11,110,111,112,113,114,115,1
16,117,118,119,12,120,121,122,123,124,125,126,127,128,129,13,130,131,13
2,133,134,135,136,137,138,139,14,140,141,142,143,144,145,146,147,148,14
9,15,150,151,152,153,154,155,156,157,158,159,16,160,161,162,163,164,165
,166,167,168,169,17,170,171,172,173,174,175,176,177,178,179,18,180,181,
182,183,184,185,186,187,188,189,19,190,191,192,193,194,195,196,197,198,
199,2,20,200,201,202,203,204,205,21,22,23,24,25,26,27,28,29,3,30,31,32,33
,34,35,36,37,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,51,52,53,54,55,56,5
7,58,59,6,60,61,62,63,64,65,66,67,68,69,7,70,71,72,73,74,75,76,77,78,79,8,8
0,81,82,83,84,85,86,87,88,89,9,90,91,92,93,94,95,96,97,98,99
MR ADITYA PATHAK, ASST.GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 01/01/2024
ORAL ORDER
1. At the outset learned Advocate Mr. Gaurav Chudasama tenders a draft amendment. The same is granted. Appropriate amendment to be carried out by 02.01.2024.
2. Heard learned Advocate Mr. Gaurav Chudasma on behalf of the petitioners and learned Assistant Government Pleader Mr. Aditya Pathak on behalf of the respondent - State. Page 1 of 5 Downloaded on : Mon Jan 01 20:44:28 IST 2024
NEUTRAL CITATION C/SCA/21660/2023 ORDER DATED: 01/01/2024 undefined
3. The petitioners have inter alia sought for the following prayers.
"(A) This Honourable Court be pleased to issue a writ of mandamus or in the nature of mandamus or any other writ that the Honourable Court be pleased to direct the respondent no. 1 to cancel the transfer orders Dt. 11-07-2023 [Annexure-M] as the same as was passed without considering the resolutions issued by the respondent no. 2.
(B) Your Lordships may be pleased to direct the respondents authorities to modify the promotion orders Dt. 31-07-2023 [Annexure-N] as the same has been issued in contravention of the resolutions and orders passed by this Hon'ble Court and after the modification the present petitioners may be given promotion on the basis of their merits and seniority on the post of Deputy Mamlatdar Class-III and if there are vacancies in their respective districts the petitions may be accommodated in their respective district.
(C) During the admission, final hearing and pendency of the petition, the respondent no.1 may restrain to grant further promotion on the post of Deputy Mamlatdar Class-III.
(D) Any other relief that may be deemed just, proper and necessary may also be kindly granted."
4. It would appear that in a petition filed by the similarly situated petitioners, this Court had directed the petitioners to prefer a representation and whereas, the same was directed to be decided by the respondent no.1 in consultation with Page 2 of 5 Downloaded on : Mon Jan 01 20:44:28 IST 2024 NEUTRAL CITATION C/SCA/21660/2023 ORDER DATED: 01/01/2024 undefined respondent no.2 within a period of four months of the representation being received. It is submitted by learned advocate Mr.Chudasama on behalf of the petitioners that the decision, as envisaged, has not yet been taken and whereas, learned advocate would request that as far as the present petition is concerned, while the petitioners would be preferring a representation within a period of one week and whereas, the respondents may be directed to decide the representation along with the representation preferred by the petitioners of Special Civil Application No.17183/2023.
5. Having regard to the fact that the issue of the petitioners of the present petition and the petitioners of the petition referred to herein above are similarly situated raising similar grievance, therefore, the following directions deemed appropriate, are passed:-
(i) The petitioners to prefer a representation before the respondents no. 1 for redressal of grievances as raised in the present petition within a period of seven days from the date of receipt of this order.
(ii) The respondent no. 1 in consultation with respondent no.Page 3 of 5 Downloaded on : Mon Jan 01 20:44:28 IST 2024
NEUTRAL CITATION C/SCA/21660/2023 ORDER DATED: 01/01/2024 undefined 2 shall consider and decide the representation preferred by the petitioners along with the representation preferred by the petitioners of SCA No.17183/2023.
(iii) Since it is submitted that opportunity as envisaged at direction no.6[3] of the order dated 09.10.2023 in SCA No.17183/2023 has not been granted, appropriate opportunity may also be granted to any one of the petitioner.
(iv) The respondents while deciding the representation of the petitioners in accordance with law and with extant policy of the State Government and also having due regard to the law laid down by this Court in judgments which would be cited by the parties.
(v) It is also required to be stated at this stage that since interference in order dated 11.07.2023 which is one of the subject matter of challenge may result in adverse consequences to the private respondents herein, the respondents while deciding the grievance of the petitioners shall also afford an opportunity to such private respondents who are the beneficiaries of order dated 11.07.2023.
(vi) Decision taken by the respondents shall be intimated to Page 4 of 5 Downloaded on : Mon Jan 01 20:44:28 IST 2024 NEUTRAL CITATION C/SCA/21660/2023 ORDER DATED: 01/01/2024 undefined the petitioners as well as to the private respondents and whereas in case either of the parties are aggrieved by such decision, it would be open for them to challenge the same before appropriate forum in accordance with law.
6. With the above observations and directions, the present petition stands disposed of.
Direct service is permitted.
(NIKHIL S. KARIEL,J) Bhoomi Page 5 of 5 Downloaded on : Mon Jan 01 20:44:28 IST 2024