Bharatkumar Gumansinh Barot vs State Of Gujarat
2021 Latest Caselaw 16720 Guj

    C/SCA/11939/2021                                    ORDER DATED: 25/10/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 11939 of 2021

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                       BHARATKUMAR GUMANSINH BAROT
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR BHARAT T RAO(697) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3,4
MR UTKARSH SHARMA, AGP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                              Date : 25/10/2021
                               ORAL ORDER

Heard learned Advocate Mr. Bharat T. Rao for the petitioner and learned AGP Mr. Utkarsh Sharma for the respondent-State.

At the outset, learned Advocate Mr. Rao tenders a draft amendment. The same is granted, to be carried out by 27.10.2021.

By way of this petition, the petitioner seeks for being paid salary for the period between October, 2003 to 31.10.2018 and for grant of provident fund, gratuity, leave encashment etc.

Learned Advocate Mr. Rao would draw the attention of this Court to a CAV Judgment of Co-ordinate Bench of this Court (Coram : A.S. Supehia, J) dated 22.04.2019 in Special Civil Application No. 4998 of 2007 and allied matters and would submit that in the said group of petitions, the dispute was with relation to the petitioner not being absorbed in the petitioner's school inspite of directions of the District Education Officer for the same. Learned Advocate would draw the attention of this Court to the Para No.12 of the said judgment where the Co-ordinate Bench of this Court has

C/SCA/11939/2021 ORDER DATED: 25/10/2021

permitted the present petitioner to file appropriate proceedings for claiming salary etc. from the respondent authorities.

Having regard to the same, issue Notice returnable on 13.12.2021. Learned AGP Mr. Sharma waives service of notice for the respondent No.1.

In the interregnum the respondents shall consider the request of the petitioner for payment of amount of the Provident Fund as due to the petitioner.

(NIKHIL S. KARIEL,J) BDSONGARA