Bhaveshkumar Parshottambhai ... vs Principal Secretary
2022 Latest Caselaw 7165 Guj

     C/SCA/4320/2019                             JUDGMENT DATED: 17/08/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 4320 of 2019


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE BIREN VAISHNAV

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1     Whether Reporters of Local Papers may be allowed
      to see the judgment ?

2     To be referred to the Reporter or not ?

3     Whether their Lordships wish to see the fair copy
      of the judgment ?

4     Whether this case involves a substantial question
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

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                 BHAVESHKUMAR PARSHOTTAMBHAI PARMAR
                                 Versus
                         PRINCIPAL SECRETARY,
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Appearance:
MR JAYRAJ CHAUHAN(2966) for the Petitioner(s) No. 1
MR. HARSH K THAKAR(7172) for the Respondent(s) No. 4
MR. UTKARSH SHARMA, AGP, for the Respondent(s) No. 1,2,3
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    CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                             Date : 17/08/2022

                            ORAL JUDGMENT

1 Rule returnable forthwith. With consent of the

learned advocates appearing for the respective parties,

C/SCA/4320/2019 JUDGMENT DATED: 17/08/2022

the matter is taken up for final hearing today. Mr.Utkarsh

Sharma, learned AGP, waives service of notice of rule on

behalf of the State respondents Nos. 1,2 and 3 and

Mr.Harsh Thakar, learned advocate waives service of

notice of rule on behalf of respondent No.4. Though

served, nobody appears for respondents Nos. 5 and 6.

2 The prayer, in the petition are two fold. Firstly, the

petitioner has prayed for a direction to the respondent

authorities to issue a detailed posting order appointing

the petitioner to the post advertised and on a

recommendation being made by the Gujarat Public

Service Commission of 04.05.2018.

3 Shortly stated, Mr. Jayraj Chauhan, learned counsel

for the petitioner would submit that the petitioner was

recommended for appointment on the post of Assistant

Lecturer in Microbiology by the aforesaid

recommendation of the Gujarat Public Service

Commission. Despite a recommendation being made and

C/SCA/4320/2019 JUDGMENT DATED: 17/08/2022

his service being allocated to the State Government on

15.05.2018, the order of appointment was issued only on

25.04.2019, almost a year thereafter. Therefore, qua the

second prayer i.e. for a direction to release the salary and

other benefits for the period for which the petitioner had

to wait from the date of recommendation i.e. 04.05.2018

and/or 15.05.2018 till the actual date of posting i.e.

25.04.2019, the respondents shall take a decision in

accordance with law on the prayer for giving the benefits

of the salary for the period from 04.05.2018 and / or

15.05.2018 to 25.04.2019 within a period of six weeks

from the date of receipt of copy of this order.

4 The order dated 25.04.2019 is taken on record. The

petition is allowed, accordingly. Rule is made absolute to

the above extent. Direct service is permitted.

(BIREN VAISHNAV, J) BIMAL