Gujarat High Court
Dharmesh Shantilal Vasava vs State Of Gujarat on 14 October, 2022
Bench: Biren Vaishnav
C/SCA/30/2021 JUDGMENT DATED: 14/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 30 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 2707 of 2021
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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DHARMESH SHANTILAL VASAVA
Versus
STATE OF GUJARAT
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Appearance:
MR NK MAJMUDAR(430) for the Petitioner(s) No. 1
MR UTKARSH SHARMA, AGP for the Respondent(s) No. 1
MR D M AHUJA(115) for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 14/10/2022
ORAL JUDGMENT
1. Rule returnable forthwith. Mr. Utkarsh Sharma, learned
C/SCA/30/2021 JUDGMENT DATED: 14/10/2022
Assistant Government Pleader waives service of notice
of rule on behalf of respondent No.1 - State while Mr.
D. M. Ahuja, learned advocate waives service of notice
of rule on behalf of respondent Nos.2 and 3.
2. With consent of the learned advocates appearing for
the respective parties, these matters are taken up for
final hearing today.
3. In these petitions, the orders under challenge are the
orders by which the petitioners have been reverted
from the posts of Multi Purpose Heath Supervisor to the
posts of Multi Purpose Health Worker.
4. Mr. Majmudar, learned counsel for the petitioners
would submit that the orders of reversion have been
passed without hearing the petitioners.
5. Mr. Ahuja, learned counsel for the respondents would
C/SCA/30/2021 JUDGMENT DATED: 14/10/2022
rely on an affidavit-in-reply and submit that it is not
true that the order was passed in breach of principles
of natural justice. The petitioners were not eligible for
promotion to the posts of Supervisors. He would read
para 4 of the reply to indicate that as per Government
Roster, only one candidate was eligible for promotion
in the Scheduled Tribe quota and by mistake two
candidates were wrongly granted promotion. This error
came to light and therefore the orders of reversion
have been passed.
6. Admittedly, what is evident from the orders impugned
in this petition is that the orders of reversion have been
passed reverting the petitioners from the posts of Multi
Purpose Health Supervisor to the posts Multi Purpose
Health Worker. When the petitioners had continued to
work on such posts, orders of reversion would lead to
serious civil consequence and, therefore, the
petitioners were required to be heard before passing
C/SCA/30/2021 JUDGMENT DATED: 14/10/2022
such orders.
7. Accordingly, the orders of reversion dated 29.10.2020
are quashed and set aside with a liberty that it is open
for the respondents to pass a fresh order after giving
an opportunity of hearing to the petitioners. The
petitioners shall be heard and a fresh orders shall be
passed within a period of ten weeks thereafter.
8. The petition is partly allowed. Rule is made absolute to
the aforesaid extent. Direct Service is permitted. No
order as to costs.
(BIREN VAISHNAV, J)
VATSAL S. KOTECHA
