Gujarat High Court
Chauhan Ramanji Ramaji vs State Of Gujarat on 5 August, 2021
Bench: Bhargav D. Karia
C/SCA/16364/2017 ORDER DATED: 05/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16364 of 2017
With
R/SPECIAL CIVIL APPLICATION NO. 16365 of 2017
With
R/SPECIAL CIVIL APPLICATION NO. 16366 of 2017
With
R/SPECIAL CIVIL APPLICATION NO. 16367 of 2017
With
R/SPECIAL CIVIL APPLICATION NO. 16368 of 2017
==========================================================
PATHAN AKBARKHAN KARIMKHAN & 11 other(s)
Versus
STATE OF GUJARAT & 13 other(s)
==========================================================
Appearance:
MR AMIT N CHAUDHARY(5599) for the Petitioner(s) No.
1,10,11,12,2,3,4,5,6,7,8,9
DS AFF.NOT FILED (N)(11) for the Respondent(s) No. 2
JAYNEEL PARIKH, AGP (1) for the Respondent(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 3
NOTICE SERVED BY DS(5) for the Respondent(s) No.
10,11,12,13,14,3,4,5,6,7,8,9
==========================================================
CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 05/08/2021
ORAL ORDER
1. Heard learned advocate Mr. Amit Chaudhary for the
petitioner, learned advocate learned Assistant Government
Pleader Mr. Jayneel Parikh for the respondent-State, learned
advocate Mr. H.S.Munshaw for respondent No.3 in Special
Civil Application No. 16364 of 2017, Ms. Sejal Mandavia for
respondent No.3 in Special Civil Application No. 16367 of
2017 and learned advocate Mr. Manish Patel for respondent
No.3 in Special Civil Application No. 16365 of 2017 through
video conference.
C/SCA/16364/2017 ORDER DATED: 05/08/2021
2. On 20th July,2021, this Court granted time to learned advocates
for the respective parties to comply with the order dated
06.09.2017. The order dated 06.09.2017 reads as under:
"NOTICE returnable on 13.10.2017, Learned AGP waives
service of notice on behalf of respondent State. Irrespective of
filing detailed affidavit-in-reply respondent shall come
forward with specific disclosure about the compliance of
judgment dated 11.09.2014 in Special Civil Application
No.928 of 2004 with Writ Petition (PIL) No.120 of 2012. It is
made clear that respondent shall not take any action without
following due process of law and without considering of
settled legal position applicable to employees like present
petitioner, so far as their service conditions are concerned and
if service is done then it would be seriously looked into.
Petitioner shall produce on record their appointment letter and
shall disclose that whether they are appointed by following the
procedure of appointment or otherwise. Respondent shall
disclose that from which funds salary is being paid to the
petitioner. Direct service is permitted."
3. However, till today, the order dated 06.09.2017 is not
complied with either by the advocates of the petitioner or for
the respondents.
4. Learned advocate Mr. Amit Chaudhary for the petitioner prays
for further time. Learned Assistant Government Pleader
Mr. Jayneel Parikh also prays for time to file affidavit-in-reply
on behalf of the respondent-State so as to place on record
further development pursuant to order dated 11.09.2014
passed by the Division Bench of this Court in Special Civil
Application No. 928 of 2004 with Writ Petition (PIL) No. 120
of 2012 in case of Sabarkantha Jilla Gram Panchayat
C/SCA/16364/2017 ORDER DATED: 05/08/2021
Karmachari Mandal and ors vs. State of Gujarat and ors.
Learned AGP Mr. Jayneel Parikh also submitted that he will
take instructions from the competent officer of the State
Government who is empowered to take decision to resolve the
issue of at least payment of minimum wages to the members
of the petitioner-Union Akhil Gujarat Vijalighar Varigruh
Mandar.
5. Learned advocates Ms. Sejal Mandavia as well as
Mr. Munshaw also prays for time to comply with the aforesaid
order dated 06.09.2017.
6. Considering the above submissions, as a last chance, Stand
Over to 31st August, 2021.
(BHARGAV D. KARIA, J)
JYOTI V. JANI
