Gujarat High Court
Amratbhai Mohanbhai Harijan vs The Chief Officer on 14 October, 2022
Bench: Biren Vaishnav
C/SCA/6131/2020 JUDGMENT DATED: 14/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6131 of 2020
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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AMRATBHAI MOHANBHAI HARIJAN
Versus
THE CHIEF OFFICER
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Appearance:
MR UT MISHRA(3605) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,2,3,4,5,6,7,8,9
MR KURVEN DESAI, AGP for the Respondent(s) No. 2,3
MR HARIBHAI PATEL, ADVOCATE for MR DEEPAK P SANCHELA(2696)
for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 14/10/2022
ORAL JUDGMENT
1. Rule returnable forthwith. Mr. Kurven Desai, learned
C/SCA/6131/2020 JUDGMENT DATED: 14/10/2022
Assistant Government Pleader waives service of notice
of Rule on behalf of Respondent Nos.2 and 3 while Mr.
Haribhai Patel, learned advocate waives service of
notice of Rule for and on behalf of Respondent No.1.
2. With consent of the learned advocates appearing for
the respective parties, the matter is taken up for final
hearing today.
3. By way of this petition, under Article 226 of the
Constitution of India, the petitioners have prayed for a
direction and / or writ in the nature of mandamus
directing the respondent - Nagarpalika to immediately
open the Service Book of the petitioners and make
necessary entries with respect to the services rendered
by the petitioners in the respondent - Nagarpalika.
4. The facts in brief would indicate that the petitioners are
presently working as Sweepers in the Nagarpalika.
C/SCA/6131/2020 JUDGMENT DATED: 14/10/2022
They had approached this Court by filing Special Civil
Application No.1535 of 2012 and allied matters for a
direction to the respondents to grant the minimum
time-scale of pay. The petition was heard and by an
order dated 06.11.2012, the petitions were allowed
with a direction to the respondent-Municipality to grant
the benefit of minimum time-scale of of the post of
Sweeper to the petitioners. The appeal being LPA
No.469 of 2013 and allied matters before the Division
Bench was dismissed on 01.04.2013. On a contempt
being filed, the order was subsequently complied with.
The petitioners were extended the benefits of 6th and
7th pay commissions but however, their service books
were not maintained. Hence, the petition.
5. Mr. Haribhai Patel, learned advocate appearing with
Mr.Deepak Sanchela, learned counsel for the
respondent No.1 - Nagarpalika on instructions states
that the exercise of opening of the service books in
C/SCA/6131/2020 JUDGMENT DATED: 14/10/2022
case of the petitioners shall be done within three
months from the date of receipt of copy of this
Judgment. In light of this statement, the petition is
disposed of directing the respondent No.1 to act as per
the statement so made within three months from the
date of receipt of copy of this Judgment.
6. The petition stands disposed of accordingly. Rule is
discharged. Direct Service is permitted. No order as to
costs.
(BIREN VAISHNAV, J)
VATSAL S. KOTECHA
