Gujarat High Court
Indravadan Manubhai Trivedi vs State Of Gujarat on 13 October, 2025
NEUTRAL CITATION
C/SCA/20790/2015 ORDER DATED: 13/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 20790 of 2015
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INDRAVADAN MANUBHAI TRIVEDI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS.FALGUNI D.TRIVEDI(3912) for the Petitioner(s) No. 1
MS POOJA ASHAR, AGP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 13/10/2025
ORAL ORDER
1. The present petition is filed for the following prayers:
"7(A) Be pleased to allow this petition.
(B) Be pleased to issue Writ of Mandamus or any other appropriate Writ, order or direction, for quashing and setting aside the order dated 21.9.2015, passed by respondent No.2 and further be pleased to direct the present respondent No.2 to grant benefits of G.R. dated 17.10.1988 in view of order passed by this Hon'ble Court as well as Judgment of Hon'ble Supreme Court.
(C) Pending admission, hearing and final disposal of this petition, Be pleased to direct the present respondent No.2 to grant the benefits of G.R.dated 17.10.1988 to present petitioner in view of order passed by this Hon'ble Court as well as Judgment of Hon'ble Supreme Court. (D) xxxx"Page 1 of 4 Uploaded by U. SRILATHA(HC00185) on Tue Oct 14 2025 Downloaded on : Wed Oct 15 03:06:25 IST 2025
NEUTRAL CITATION C/SCA/20790/2015 ORDER DATED: 13/10/2025 undefined
2. Learned advocate for the petitioner has fairly submitted that the petitioner has filed various petitions relying on the Government Resolution dated 17.10.1988 and in Special Civil Application No.11533 of 2025, the coordinate Bench of this Court has passed the following order on 19.8.2025, wherein in paragraph nos.3 to 5, it is observed and held as under:
"3. From the submissions made by learned advocate for the petitioner and from perusal of the documents on record, it would appear that the present petitioner had inter alia approached this Court by preferring Special Civil Application No.10859/2001 and whereas, the same came to be disposed of vide an order passed by a learned Coordinate Bench dated 17.07.2015 more particularly holding that the benefits of Government Resolution dated 17.10.1988 were denied to the petitioner on the ground that the petitioner was not a daily wager under the R&B Department.
3.1. Learned Coordinate Bench having directed the respondents to consider the case of the petitioner afresh in view of the law laid down by the Hon'ble Supreme Court in case of State of Gujarat and Others vs. PWD Employees' Union and Ors., reported in 2013 (2) GLH 692, the same not being decided, the petitioner had approached this Court by preferring Special Civil Application No.11236/2009 more Page 2 of 4 Uploaded by U. SRILATHA(HC00185) on Tue Oct 14 2025 Downloaded on : Wed Oct 15 03:06:25 IST 2025 NEUTRAL CITATION C/SCA/20790/2015 ORDER DATED: 13/10/2025 undefined particularly the petitioner also challenging an order dated 18.06.2009 whereby the services of the petitioner had been terminated, this Court vide order dated 14.09.2023 had directed the respondents to reconsider the case of the petitioner for grant of such benefits.
3.2. It would appear that vide the impugned order dated 19.02.2024, the respondents have come to a conclusion that the petitioner is not entitled to the grant of benefits under the Government Resolution dated 17.10.1988 more particularly since the present petitioner had remained absent from the year 1996 till the year 2006 and whereas, inspite of various notices, the petitioner had not resumed the duties. It also appears that the order impugned dated 18.06.2009 was passed in the very context.
4. Having considered the discussion in the impugned order dated 19.02.2024 more particularly having regard to the fact that the petitioner had voluntarily abandoned the services after the year 1996, to this Court, it would not appear that the present is a fit case where this Court should exercise its discretionary jurisdiction for considering the case of the petitioner as being entitled for benefits under Government Resolution dated 17.10.1988.
4.1. It would appear to this Court that while the petitioner had been appointed as a daily wager in the year 1995, he had stopped going to services from the year 1996 and whereas, ultimately, after a long list of notices issued to the petitioner, of which reference is made in the impugned order Page 3 of 4 Uploaded by U. SRILATHA(HC00185) on Tue Oct 14 2025 Downloaded on : Wed Oct 15 03:06:25 IST 2025 NEUTRAL CITATION C/SCA/20790/2015 ORDER DATED: 13/10/2025 undefined dated 19.02.2024, the petitioner had been removed from service vide impugned order dated 18.06.2009.
5. To this Court, it would appear that the petitioner having voluntarily abandoned the services somewhere in the year 1996, it would not be open for him now to claim the benefits under Government Resolution dated 17.10.1988. The respondents having not committed any error on that score, to this Court, no interference is required, hence, the present petition stands disposed as rejected in limini."
3. Considering the above order and considering the fact that the petitioner has abandoned the services in the year 1995, no prayers can be granted in this petition and this petition is required to be dismissed. Accordingly, dismissed. Notice/Rule stands discharged. Interim relief, if any, stands vacated.
(SANDEEP N. BHATT,J) SRILATHA Page 4 of 4 Uploaded by U. SRILATHA(HC00185) on Tue Oct 14 2025 Downloaded on : Wed Oct 15 03:06:25 IST 2025