Gujarat High Court
Association Of Retired-Judicial ... vs State Of Gujarat on 28 April, 2026
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/11749/2023 ORDER DATED: 28/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11749 of 2023
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ASSOCIATION OF RETIRED-JUDICIAL CLASS-III EMPLOYEE &
ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR SP KOTIA(5687) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,2
6,27,28,29,3,30,31,32,33,34,35,36,37,4,5,6,7,8,9
MR PARTH PATEL ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2
LAW OFFICER BRANCH(420) for the Respondent(s) No. 3,4
VIKAS V NAIR(7444) for the Respondent(s) No. 3,4
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 28/04/2026
ORAL ORDER
1. Heard learned advocate Mr. S. P. Kotia appearing for the petitioners, learned Assistant Government Pleader Mr. Parth Patel appearing for the respondent Nos. 1 and 2 and learned Senior Advocate Mr. G. M. Joshi with learned advocate Mr. Vikas V. Nair appearing for the respondent Nos.3 and 4.
2. With the consent of learned advocates appearing Page 1 of 6 Uploaded by PALLAVI PRABHUDAS PANCHAL(HC01403) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:36:38 IST 2026 NEUTRAL CITATION C/SCA/11749/2023 ORDER DATED: 28/04/2026 undefined for the respective parties, the matter was taken up for final hearing. Hence, RULE. Learned advocates waives service of rule on behalf of the respective respondents.
3. Today, when the matter was called out, learned advocates appearing for the petitioners, in one voice, stated before this Court that, in view of the further developments and upon instructions from their respective clients, the petitioners seek that these petitions themselves be treated as representations, which the respondents may be directed to consider within a time-bound schedule, and that, in case the petitioners' representations in the form of these petitions are not considered positively, they may be permitted to revive these petitions, and the petitioners shall not be placed in any disadvantageous position if the respondents are ready and willing to reconsider their respective decisions and take a fresh decision in view of the averments made in these petitions. Page 2 of 6 Uploaded by PALLAVI PRABHUDAS PANCHAL(HC01403) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:36:38 IST 2026
NEUTRAL CITATION C/SCA/11749/2023 ORDER DATED: 28/04/2026 undefined
4. Learned Senior Advocate Mr. G. M. Joshi, under instructions, states that the Court Administration is always open, ready, and willing to reconsider the issue agitated by the petitioners, and the respondent has no objections to such reconsideration, provided that, if the decision goes against the petitioners, they are allowed to revive these petitions by filing a simple note.
5. Learned Senior Advocate Mr. G. M. Joshi left it to the Court to determine the time frame within which the respondent Court Administration shall decide the representations of each of the petitioners in the form of the petitions preferred by them.
6. In view of the above broad consensus arrived at between the parties, and without entering into the merits of the matter, the following directions are issued:
(i) Each of these petitions shall be Page 3 of 6 Uploaded by PALLAVI PRABHUDAS PANCHAL(HC01403) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:36:38 IST 2026 NEUTRAL CITATION C/SCA/11749/2023 ORDER DATED: 28/04/2026 undefined treated as a representation, and the respondents, i.e., the respective Registrar or Court Administration, are directed to consider each petition independently and pass a separate order in respect of each petitioner within a period of four months from today, but in any case not later than 31.08.2026.
(ii) If a representation is rejected, the respondents are directed to pass a reasoned order stating the reasons for not accepting the version of the petitioners in the form of these petitions. However, if the petitioners' representation is accepted, the respondents are directed to pass an appropriate order granting benefits to the present petitioners within a period of three months, and the payment on the basis of such orders shall be made within a period of three months thereafter.
(iii) In case any of the representations in the form of these petitions is not considered positively, it shall be open to the present Page 4 of 6 Uploaded by PALLAVI PRABHUDAS PANCHAL(HC01403) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:36:38 IST 2026 NEUTRAL CITATION C/SCA/11749/2023 ORDER DATED: 28/04/2026 undefined petitioners to file a simple note for revival of the petition.
(iv) During the interregnum period, or while passing the final order, the respondents are directed not to place the petitioners in any disadvantageous position in terms of monetary benefits already availed by them.
(v) The aforesaid order is passed based on the broad consensus arrived at between the parties and without entering into the merits of the matter. However, in case any petitioner is required to file a note for revival of the petition, all the rights and contentions of the parties are kept open.
(vi) Each of the petitioners is also directed to file a summary, not exceeding four pages, along with each of the petitions, to be submitted latest by 08.05.2026 to the Registry of this Court.
7. With the above directions, all these Page 5 of 6 Uploaded by PALLAVI PRABHUDAS PANCHAL(HC01403) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:36:38 IST 2026 NEUTRAL CITATION C/SCA/11749/2023 ORDER DATED: 28/04/2026 undefined petitions are disposed of. Rule made absolute to the aforesaid extent only. In view of the disposal of the main matter, the connected civil applications, if any, also stand disposed of.
(NIRZAR S. DESAI,J) Pallavi Page 6 of 6 Uploaded by PALLAVI PRABHUDAS PANCHAL(HC01403) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:36:38 IST 2026