Girishkumar Dahyabhai Vala vs The State Of Gujarat

Gujarat High Court

Girishkumar Dahyabhai Vala vs The State Of Gujarat on 3 April, 2025

Author: Nirzar S. Desai

Bench: Nirzar S. Desai

                                                                                                                       NEUTRAL CITATION




                              C/SCA/4171/2025                                         ORDER DATED: 03/04/2025

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                               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                    R/SPECIAL CIVIL APPLICATION NO.4171 of 2025

                       =========================================
                                                    GIRISHKUMAR DAHYABHAI VALA
                                                               Versus
                                                    THE STATE OF GUJARAT & ORS.
                       =========================================
                       Appearance :
                       MS ADITI AVASHIYA FOR MR GAURAV K MEHTA for the Petitioner.
                       MR SANJAY UDHWANI, AGP for the Respondents.
                       =========================================

                         CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                                         Date : 03/04/2025
                                                          ORAL ORDER

1. By way of this petition, the petitioner has prayed for the following reliefs :-

"(A) Your Lordships may be pleased to admit the present petition;

(B) Your Lordships may be pleased to issue appropriate, writ, order or direction by quashing and setting aside the illegal, arbitrary, unjust, unfair and discriminatory inaction of the respondent authorities by not considering the case of the petitioners for the implementation of Government Resolution dated 16.07.2019 (hereto marked as Annexure - "F") adopting illegal, arbitrary and discriminatory action and further be pleased to hold the same as bad at law.

NEUTRAL CITATION C/SCA/4171/2025 ORDER DATED: 03/04/2025 undefined (C) Your Lordships may be pleased to issue appropriate writ, order or direction directing the respondent authority to pass appropriate order by considering the judgments dated 21.12.2018/28.12.2018 passed in SCA No.7462 of 2012, order dated 9.5.2019 passed by this Hon'ble Court in LPA No.1155 of 2019 and order dated 19.7.2022 passed in SCA No.88 of 2021 and order dated 11.8.2023 passed in LPA No.724 of 2023 (Hereto marked as Annexure - "H") as well as the Government Resolution dated 16.07.2019 (hereto marked as Annexure - "F") issued by the finance department in case of the petitioners and further be pleased to direct the authority to extend the benefit of reinstatement and also to extend the benefit of salary to the tune of Rs.14,800/- as prescribed in the Government Circular dated 16.7.2019."

2. It is the case of the petitioner that despite the fact that the petitioner is working for more than two hours daily and is entitled to the benefit of decision of Division Bench of this Court dated 9.5.2019 passed in Letters Patent Appeal No.1155 of 2019 in Special Civil Application No.7462 of 2012 which has subsequently been modified vide order dated 11.8.2023 passed in Letters Patent Appeal No.724 of 2023.

3. At the outset, learned advocate Ms. Aditi Avashiya appearing for the petitioner submits that the petitioner would like to make a representation to the respondents within a period of two weeks from today and the respondents may be directed to decide Page 2 of 4 Uploaded by R.N. SAVARIYA(HC00179) on Thu Apr 03 2025 Downloaded on : Thu Apr 03 22:32:47 IST 2025 NEUTRAL CITATION C/SCA/4171/2025 ORDER DATED: 03/04/2025 undefined the same in accordance with law and keeping in mind the decision of Division Bench of this Court dated 9.5.2019 passed in Letters Patent Appeal No.1155 of 2019 in Special Civil Application No.7462 of 2012 which has subsequently been modified vide order dated 11.8.2023 passed in Letters Patent Appeal No.724 of 2023 within some time bound schedule.

4. In view of the above submission, upon oral instructions of the petitioner, learned advocate Ms. Aditi Avashiya has stated that keeping all the rights and contentions of the petitioner open to file a fresh petition in case the representation of the petitioner gets rejected, the present petition may be disposed of as the petitioner does not press any other reliefs prayed for in the present petition except for a direction to decide the representation.

5. In view of the above submission, following directions are issued :-

(i) The petitioner is at liberty to make a detailed representation to the respondent No.3 within a period of two weeks from today.

(ii) Upon receipt of the representation, the respondent No.3, if require, in turn forward the same to the concerned respondent Nos.1 & 2 and in any case, a decision upon the representation that may be made by the petitioner be taken by the concerned respondent by passing a reasoned order in accordance with law within a period of three months from the date of receipt of the representation from the petitioner. The respondents are directed to communicate the decision upon the representation of Page 3 of 4 Uploaded by R.N. SAVARIYA(HC00179) on Thu Apr 03 2025 Downloaded on : Thu Apr 03 22:32:47 IST 2025 NEUTRAL CITATION C/SCA/4171/2025 ORDER DATED: 03/04/2025 undefined the petitioner through RPAD and the concerned respondent is directed to pass a reasoned order in case if the representation of the petitioner is rejected.

6. With the aforesaid observation and direction, without examining the merits of the case, the present petition stands disposed of.

(NIRZAR S. DESAI,J) SAVARIYA Page 4 of 4 Uploaded by R.N. SAVARIYA(HC00179) on Thu Apr 03 2025 Downloaded on : Thu Apr 03 22:32:47 IST 2025