Gujarat High Court
Patel Jashvantbhai Bhagvandas vs State Of Gujarat on 15 July, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/1833/2021 ORDER DATED: 15/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1833 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 1841 of 2021
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PATEL JASHVANTBHAI BHAGVANDAS
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR HJ DHOLAKIA(5862) for the Petitioner(s) No. 1
MS SRUSHTI A THULA(5014) for the Petitioner(s) No. 1
MS NIRALI SARDA, ASST. GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1 in SCA No.1833/2021
MR MITUL GAUTAM, ASST. GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1 in SCA No.1841/2021
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 15/07/2025
ORAL ORDER
1. Heard learned advocate Ms.Srushti Thula with learned advocate Ms.Nasrin Shaikh appearing on behalf of the petitioner.
2. Learned advocates would fairly submit that selfsame issue raised in the present petition had been decided by learned Coordinate Bench of this Court vide order dated 18.02.2022 in Special Civil Application No.9823/2020 and allied matters more particularly whereby, the substantive request of the petitioner has been rejected. It is also submitted that order of the learned Coordinate Bench has been confirmed by the Hon'ble Division Bench as well as Page 1 of 3 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 22:56:00 IST 2025 NEUTRAL CITATION C/SCA/1833/2021 ORDER DATED: 15/07/2025 undefined before the Hon'ble Apex Court.
2.1. It is submitted that the learned Single Judge has not entertained the substantial grievance of the present petitioner and whereas, the learned Coordinate Bench has interfered as regards the aspect of recovery is concerned, more particularly replying upon decision of the Hon'ble Apex Court in case of State of Punjab and Ors. vs. Rafiq Masih (White Washer), reported in (2015) 4 SCC 334.
2.2. It is further submitted that the order of the learned Single Judge has not been interfered with by the Hon'ble Division Bench as well as by the Hon'ble Supreme Court.
3. The submissions made by learned advocates for the petitioner could not be disputed by learned AGP Ms.Sarda and Mr.Gautam.
4. Having regard to such a position, to this Court, it would appear that while the substantive prayer made by the petitioner for grant of equal pay for equal work is not required to be entertained and whereas, the following directions are passed:-
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NEUTRAL CITATION C/SCA/1833/2021 ORDER DATED: 15/07/2025 undefined
(i) The present petitions stand covered by judgment dated 18.02.2022 rendered in Special Civil Application No.9823/2020 and allied matters.
(ii) While the entitlement of the petitioner for higher pay is rejected, whereas, it is clarified that there shall be no recovery from the present petitioner on account of reduction in pay scale.
5. With these directions, the present petitions stand disposed of a partly allowed.
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