Gujarat High Court
Pargi Bhathubhai Bhurabhai vs State Of Gujarat on 22 October, 2021
Bench: Nikhil S. Kariel
C/SCA/15943/2021 ORDER DATED: 22/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15943 of 2021
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PARGI BHATHUBHAI BHURABHAI
Versus
STATE OF GUJARAT
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Appearance:
MR VD PARGHI(568) for the Petitioner(s) No. 1,2,3,4,5,6,7
for the Respondent(s) No. 2,3,4,5,6
MS SURBHI BHATI, ASSISTANT GOVERNMENT PLEADER/(99) for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 22/10/2021
ORAL ORDER
Heard learned Advocate Mr. V. D. Parghi on behalf of the
petitioners and learned AGP Ms. Surbhi Bhati on behalf of the
respondents.
By way of this petition, the petitioners inter alia raise a
grievance as regards non-payment of benefits as available to the
petitioner under Government Resolution dated 17.10.1988. Learned
Advocate Mr. Parghi would submit that as such the issue is no more
res integra and whereas the issue has been finally decided by the
Hon'ble Apex Court in case of State of Gujarat Vs. PWD Employees
Union reported in 2013(8) Scale 579. Learned Advocate would
further submit that similar issue had also been decided by the
Hon'ble Apex Court in case of the same parties in a later decision
dated 15.02.2019 in Civil Appeal Nos. 1684 - 1686 of 2019. Learned
Advocate would further draw the attention of this Court to decisions
of this Court in SCA No. 7266 of 2014 whereby the respondents
were directed to examine the case of the petitioner therein in light of
decision of the Hon'ble Apex Court. Learned Advocate would submit
C/SCA/15943/2021 ORDER DATED: 22/10/2021
that at this stage the grievance of the petitioners could be redressed
if the respondents are directed to consider the representation that
could be filed by the petitioners, within a stipulated time period.
Such a request is not opposed by learned AGP Ms. Bhati.
Having regard to the submissions made by learned Advocate
Mr. Parghi, the following directions are passed
The petitioners to prefer representation to the respondent nos.
1,2,5 and 6 clearly stating the grievance as raised by them before
this Court and also producing copies of the judgments which they
would be relying upon and whereas such representation shall be
preferred within a period of 2 weeks from the date of receipt of order
of this Court .
The respondent nos. 1, 2 and 5 shall decide such
representation within a period of 10 weeks from the date of receipt
of the same, in accordance with the law laid down by the Apex Court
and this Court in various decisions referred to herein above. In case
the said respondents are of the opinion that the petitioners are
entitled to the benefit of Government Resolution dated 17-10-1988
then appropriate proposal shall be forwarded to respondent no. 6
who shall process the same and grant the benefits to the petitioners
herein within a further period of 4 weeks there after.
In case the respondent nos. 1, 2 and 5, are of the opinion that
the petitioners are not entitled to benefits under Government
Resolution dated 17.10.1988 then an appropriate order with reasons
shall be served upon the petitioners.
It is clarified that this Court has not gone into the merits of the
issue and whereas the concerned respondents shall decide the
representation preferred by the petitioner independently in
accordance with the law and in accordance with the law laid down by
the hon'ble Apex Court and this Court.
It is clarified that in case the petitioners or any of the
C/SCA/15943/2021 ORDER DATED: 22/10/2021
petitioner would be aggrieved by the decision of the respondents
then it would be open for them to challenge the same before
appropriate forum in accordance with law.
With these limited observations and directions, the present
petition is disposed of as partly allowed. Direct service is permitted.
(NIKHIL S. KARIEL,J)
Mrs. J. J. Kedia
