Gujarat High Court
Samsudin Mohamadali Sheikh vs State Of Gujarat on 7 May, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/6442/2025 ORDER DATED: 07/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO.6442 of 2025
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SAMSUDIN MOHAMADALI SHEIKH & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance :
MR HB SINGH for the Petitioners.
MR ADITYA DAVDA, AGP for the Respondents.
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 07/05/2025
ORAL ORDER
1. By way of the present petition, the petitioners have prayed for the following reliefs :-
"(A) Be pleased to admit this petition. (B) Be pleased to issue a writ of mandamus or in the nature of mandamus or any other appropriate writ, order or direction holding the action of the respondent authorities in not granting the temporary status despite of having working more than 32 to 36 years on the work charge establishment is arbitrary, discriminatory and violative of Article 14 and 21 of the Constitution of India;
(C) Be pleased to issue a writ of mandamus or in the nature of mandamus or any other Page 1 of 3 Uploaded by R.N. SAVARIYA(HC00179) on Wed May 07 2025 Downloaded on : Thu May 08 04:51:54 IST 2025 NEUTRAL CITATION C/SCA/6442/2025 ORDER DATED: 07/05/2025 undefined appropriate writ, order or direction and direct the respondent authorities to convert the petitioners services from work charge to temporary establishment after having worked for 20 years and would give first higher grade as per prevailing policy as held by this Hon'ble Court in judgment dated 29.6.2018 passed in Letters Patent Appeals No.380 of 2016 and allied matters Annexure-B. OR (D) Be pleased to direct the respondent authorities to decide the representations dated 05.04.2025 made by the petitioners to the respondent authorities within a stipulated time and extend the benefit as have been grants to other the similarly situated employees, in accordance with judgment dated 29.6.2018 passed in Letters Patent Appeals No.380 of 2016 and allied matters Annexure-B. (E) Pending admission till final disposal of this petition, be pleased to direct the respondent authorities to convert the petitioners services from work charge establishment in temporary establishment after having worked for 20 years as held by this Hon'ble Court in judgment dated 29.6.2018 passed in Letters Patent Appeals No.380 of 2016 and allied matters Annexure-B." Page 2 of 3 Uploaded by R.N. SAVARIYA(HC00179) on Wed May 07 2025 Downloaded on : Thu May 08 04:51:54 IST 2025
NEUTRAL CITATION C/SCA/6442/2025 ORDER DATED: 07/05/2025 undefined
2. Considering the fact that the petitioners are seeking a relief to decide their representation dated 5.4.2025 which is made very recently, learned advocate Mr. H. B. Singh appearing for the petitioners states that the grievance of the petitioners would be satisfied if the Court passes an order directing the respondent No.1 to decide the representation of the petitioners and he does not press the rest of the prayers for the time being till the representation is decided.
3. In view of that, the office of the respondent No.1 is directed to decide the representation dated 5.4.2025 of the petitioners in accordance with law, as early as possible, preferably within a period of three months from the date of receipt of the order and to pass a reasoned order upon the same and communicate the same to the petitioner by way of RPAD.
4. 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 3 of 3 Uploaded by R.N. SAVARIYA(HC00179) on Wed May 07 2025 Downloaded on : Thu May 08 04:51:54 IST 2025