Gujarat High Court
Rajusinh Bhavansinh Bihola vs State Of Gujarat on 7 August, 2025
NEUTRAL CITATION
C/SCA/21666/2019 ORDER DATED: 07/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 21666 of 2019
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RAJUSINH BHAVANSINH BIHOLA & ANR.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Petitioner(s) No. 1
MR VAIBHAV A VYAS(2896) for the Petitioner(s) No. 1.1
MR YOGEN N PANDYA(5766) for the Petitioner(s) No. 1
MS RV ACHARYA(1124) for the Respondent(s) No. 5
NOTICE SERVED BY DS for the Respondent(s) No. 1,2,4,6
MR. RONAK D CHAUHAN(7709) for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 07/08/2025
ORAL ORDER
1. Heard learned Advocates appearing for the respective.
2. At the outset, learned advocate Mr. Vaibhav Vyas for the petitioner has submitted that the issue is squarely covered by the decision of the Division Bench of this Court vide common order dated 28.02.2017 rendered in Letters Patent Appeal No. 307 of 2017 and allied matters.
2.1 Learned Advocate has submitted that the petitioner are claiming the benefits of pension as they have already completed the qualifying years of service i.e. ten (10) Page 1 of 3 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Aug 07 2025 Downloaded on : Thu Aug 07 22:11:39 IST 2025 NEUTRAL CITATION C/SCA/21666/2019 ORDER DATED: 07/08/2025 undefined years as envisaged in the relevant rules. Learned Advocate has submitted that the Division Bench of this Court, after examining the relevant rules as well as similar controversies, has passed an order in this regard. Learned Advocate has submitted that all the orders have been accepted and no appeal has been filed by the petitioner.
3. Learned Advocates for the respondents have submitted that the case of present petitioner is required to be thoroughly examined and whereas after examination, if it is found that the employee is entitled to the benefits, as conferred by the Division Bench of this Court in the common order, then the same will be paid to petitioner.
4. Learned Assistant Government Pleader for the respondent authorities has submitted that after threadbare examination of the case of the petitioner, who is present before this Court, appropriate orders shall be passed conferring the retiral benefits as envisaged by the judgments rendered by the Division Bench of this Court in various matters.
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NEUTRAL CITATION C/SCA/21666/2019 ORDER DATED: 07/08/2025 undefined
5. Under the circumstances, the respondent-State is hereby directed to examine the case of petitioner in consultation with the respondents Gujarat Water Resources Development Corporation and the concerned District Panchayat. If it is found that the petitioner is fulfilling the parameters laid down by the Division Bench of this Court in the common order dated 28.02.2017 rendered in Letters Patent Appeal No. 307 of 2017 and are similarly situated to them, appropriate benefits shall be conferred to them as per the Division Bench judgment. The entire exercise shall be carried out within a period of four (4) months from the date of receipt of the writ of this order.
6. In case, any adverse order is passed, it will be always open for the petitioner to approach this Court by way of filing appropriate proceedings.
7. With the above observations and directions, the present petition stands dispose of.
(SANDEEP N. BHATT,J) DIWAKAR SHUKLA Page 3 of 3 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Aug 07 2025 Downloaded on : Thu Aug 07 22:11:39 IST 2025