Nareshkumar Arjunbhai Makwana vs State Of Gujarat

Gujarat High Court

Nareshkumar Arjunbhai Makwana vs State Of Gujarat on 11 August, 2025

Author: Nikhil S. Kariel

Bench: Nikhil S. Kariel

                                                                                                            NEUTRAL CITATION




                            C/SCA/9807/2025                                   ORDER DATED: 11/08/2025

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                    R/SPECIAL CIVIL APPLICATION NO. 9807 of 2025

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                                          NARESHKUMAR ARJUNBHAI MAKWANA
                                                       Versus
                                              STATE OF GUJARAT & ORS.
                     ==========================================================
                     Appearance:
                     MR MA PAREKH(1088) for the Petitioner(s) No. 1
                     MS TANUSHREE SHRIMAL, AGP for the Respondent(s) No. 1,2
                     ==========================================================

                          CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                                         Date : 11/08/2025
                                                          ORAL ORDER

1. Heard learned Advocate Mr. M.A. Parekh for the petitioner and learned AGP Ms. Tanushree Shrimal for the respondent-State.

2. While the present petition is preferred inter alia seeking that the respondents should treat the services of the petitioner from 07.12.2024, till date, as continuous service, minus the period he had been in custody, and also for regular pay scale and all incidental benefits, yet, it would appear to this Court that as of now, the respondents have not taken in decision insofar as the above grievances are concerned and whereas attention of this Court is drawn by the petitioner to the representations which have been forwarded to the concerned District Primary Education Officer, Bhavnagar, which are still pending consideration.

3. It would appear in this regard that while the petitioner had been appointed as a Vidhya Sahayak in the year 2004, his services came to be suspended upon an FIR filed against him and whereas while a learned Co-ordinate Bench of this Court had granted regular bail to the present petitioner vide order dated 29.02.2008, the services of the petitioner had thereafter been continued vide an order dated 02.02.2009, which was Page 1 of 3 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Tue Aug 12 2025 Downloaded on : Tue Aug 12 22:17:11 IST 2025 NEUTRAL CITATION C/SCA/9807/2025 ORDER DATED: 11/08/2025 undefined subject to final outcome of the prosecution. It would appear that the petitioner had been given a clean acquittal by the learned Trial Court vide judgment and order dated 17.05.2024 and whereas, the request of the petitioner for confirmation in service etc. has fallen on deaf ears. It would appear in this regard that at the first instance, before this Court adjudicates as to the entitlement of the petitioner, it would be just and proper to direct the appropriate authority i.e. the respondent No.3 herein to decide the representation preferred by the petitioner dated 25.03.2025, within a stipulated time. In the peculiar facts of the case, it would also be appropriate to direct the respondent No. 3 to, before taking a final decision, give an opportunity of hearing to the petitioner.

4. Having regard to the above observations, the following directions would meet with the ends of justice.

(i) The respondent No.3-District Primary Education Officer, Bhavnagar, shall decide the representation preferred by the petitioner dated 25.03.2025, if necessary, in consultation with the respondent No.2 herein, within a period of 60 days from the date of receipt of this order.

(ii) It is further directed that the respondent No.3 before passing any final order shall afford an appropriate opportunity of personal hearing to the petitioner.

(iii) The respondent No.3 shall take a decision strictly on the merits of the matter and whereas it is clarified that this Court has not gone into the same.

(iv) It is further direct that the respondent No.3 shall pass a speaking order with reasons.

NEUTRAL CITATION C/SCA/9807/2025 ORDER DATED: 11/08/2025 undefined

5. With the above observations and directions, the present petition stands disposed of.

6. Needles to clarify that in case the petitioner is aggrieved by the said decision, it would be open for the petitioner to assail the same before appropriate forum in accordance with law.

Direct service is permitted.

(NIKHIL S. KARIEL,J) BDSONGARA Page 3 of 3 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Tue Aug 12 2025 Downloaded on : Tue Aug 12 22:17:11 IST 2025