Ahmedabad Urban Development ... vs Sonal D Patel
2021 Latest Caselaw 16721 Guj

     C/LPA/134/2018                             ORDER DATED: 25/10/2021


           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/LETTERS PATENT APPEAL NO. 134 of 2018
         In R/SPECIAL CIVIL APPLICATION NO. 10704 of 2009
                               With
       CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2018
            In R/LETTERS PATENT APPEAL NO. 134 of 2018
                               With
             R/LETTERS PATENT APPEAL NO. 135 of 2018
                                 In
            SPECIAL CIVIL APPLICATION NO. 10711 of 2009
                               With
       CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2018
            In R/LETTERS PATENT APPEAL NO. 135 of 2018
                                 In
            SPECIAL CIVIL APPLICATION NO. 10711 of 2009
==========================================================
            AHMEDABAD URBAN DEVELOPMENT AUTHORITY
                            Versus
                   SONAL D PATEL & 14 other(s)
==========================================================
Appearance:
MR KAMAL B TRIVEDI, ADVOCATE GENERAL WITH MR HS
MUNSHAW(495) for the Appellant(s) No. 1
MR MANAN MEHTA, AGP (99) for the Respondent(s) No. 14
MR HARDIK P MEHTA(6943) for the Respondent(s) No.
1,10,11,12,13,2,3,4,5,6,7,8,9
==========================================================

 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                         Date : 25/10/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

The challenge in this Letters Patent Appeal by the appellant - Ahmedabad Urban Development Authority is addressed to the common judgment and order passed in Special Civil Application No.10704 of 2009 and Special Civil Application No.10711 of 2009, whereby learned Single Judge has allowed the petitions directing the appellant to pass orders for treating the petitioners as regular employees from the date of their initial appointment. It is provided that the petitioners shall be further entitled to all

C/LPA/134/2018 ORDER DATED: 25/10/2021

benefits available to the regularly recruited employees.

2. In course of the hearing today, learned Advocate General Mr.Kamal Trivedi with learned advocate Mr.Munshaw for the appellant responded with a suggestion that while the appellant is ready to give the benefit of the directions of learned Single Judge to treat the original petitioners-employees as regular employees and grant them benefit with such status, by placing reliance on the decisions of the Apex Court, it was suggested that such benefit may be extended, instead of their date of initial appointment, from the date when Special Civil Applications were filed.

3. Learned advocate Mr.Hardik Mehta broadly agrees to the proposition.

For taking confirmed instructions, learned advocates for the parties wanted the appeals to be listed on 26th October, 2021. Accordingly, both the appeals may be listed on 26th October, 2021.

(N.V.ANJARIA, J)

(ANIRUDDHA P. MAYEE,J) ANUP