Parmar Ganpatkumar Khachrabhai vs State Of Gujarat

Gujarat High Court

Parmar Ganpatkumar Khachrabhai vs State Of Gujarat on 17 April, 2026

                                                                                                                   NEUTRAL CITATION




                              C/SCA/1073/2021                                      ORDER DATED: 17/04/2026

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                              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                R/SPECIAL CIVIL APPLICATION NO. 1073 of 2021

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                                          PARMAR GANPATKUMAR KHACHRABHAI
                                                        Versus
                                               STATE OF GUJARAT & ANR.
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                       Appearance:
                       MR MAULIK N SHAH(5280) for the Petitioner(s) No. 1
                       MR RASHESH A RINDANI(5380) for the Petitioner(s) No. 1
                       MR. SIDDHARTH RAMI, ASST. GOVERNMENT PLEADER for the
                       Respondent(s) No. 1
                       MR MANISH J PATEL(2131) for the Respondent(s) No. 2
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                         CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                                           Date : 17/04/2026

                                                                ORAL ORDER

[1] Heard Mr. Rashesh A. Rindani, learned advocate for the petitioner, Mr. Siddharth Rami, learned AGP for respondent No.1 as also Mr. Manish J. Patel, learned advocate for respondent No.2.

[2] The present writ petition is filed under Article 226 of the Constitution of India, seeking the following reliefs:-

"A. YOUR LORDSHIP may be pleased to hold and declare that the petitioner is entitle to benefit of the judgment of this Hon'ble Court dated 21.12.2018 passed in Special Civil Application No.7462 of 2012, confirmed in LPA No.1155 of 2019 in order dated 09.05.2019.

B. YOUR LORDSHIP may be pleased to direct the authority and more particularly respondent no. 2 to grant benefits of the judgment of this Hon'ble Court dated 21.12.2018 passed in Special Civil Application No. 7462 of 2012, confirmed in LPA No. 1155 of 2019 in order dated 09.05.2019.

NEUTRAL CITATION C/SCA/1073/2021 ORDER DATED: 17/04/2026 undefined C. During the pendency of hearing of present application this Hon'ble Court may be pleased to direct respondent no. 2 immediately start payment w.e.f. February 2020 and not to change service condition of the petitioner till final disposal of the matter.

D. YOUR LORDSHIP may be pleased to grant such other and further relief as may be deemed fit and proper in the interest of justice."

[3] At the outset, Mr. Manish Patel, learned advocate for respondent No.2 would state, under the instructions of his client, that petitioner was not in service from 2019 and prior thereto, for period between 2016 and 2019, he was engaged through an agency, namely Rajdeep Enterprise, and he was paid as per the minimum wage.

[4] Per contra, Mr. Rashesh Rindani, learned advocate for the petitioner would submit that, at present what is the status of the petitioner is not known to him as he is not in contact with the petitioner. Nonetheless, Mr. Rindani, learned advocate would only submit to this Court that if the petitioner is entitled to receive any benefits as per the decision of this Court dated 09.05.2019 in LPA No.1155 of 2019 and thereafter Government Resolution passed in compliance of the said decision, the same shall be granted in favour of the petitioner.

[5] Considering the aforesaid facts and circumstances and as it is not merely come on record that what is the position of the petitioner subsequent to his discontinuation from service since 2019, at this stage, without further delving into the issue, it is open for the petitioner to make suitable representation to the respondent - authority and upon receipt of such representation, the same shall be considered by the Page 2 of 3 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:25:49 IST 2026 NEUTRAL CITATION C/SCA/1073/2021 ORDER DATED: 17/04/2026 undefined respondent in light of the aforesaid decision as well as the prevailing policy of the State.

[6] Such exercise shall be undertaken by the respondent - authority within four weeks from the date of receipt of copy of representation. It goes without saying that, in a case where any adverse order will be passed by the respondent, it is always open for the petitioner to challenge the same before the Court of law, in accordance with law.

[7] With the aforesaid observations and directions, the present writ petition is disposed of. Notice stands discharged.

(MAULIK J.SHELAT,J) Lalji Desai Page 3 of 3 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:25:49 IST 2026