Parth Vishnubhai Barot vs State Of Gujarat
2023 Latest Caselaw 2748 Guj

     C/SCA/3520/2018                                      ORDER DATED: 03/04/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO. 3520 of 2018
                               With
       CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2019
          In R/SPECIAL CIVIL APPLICATION NO. 3520 of 2018
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                         PARTH VISHNUBHAI BAROT
                                  Versus
                        STATE OF GUJARAT & 1 other(s)
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Appearance:
MR TR MISHRA(483) for the Petitioner(s) No. 1
MR.MEET THAKKAR, AGP for the Respondent(s) No. 1
MR MANISH J PATEL(2131) for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                                Date : 03/04/2023
                                 ORAL ORDER

1. By consent of learned counsels for the respective parties, RULE returnable forthwith.

2. The present petition is filed praying for the following reliefs:-

(A) That Your Lordships be pleased to issue an order, direction and/or writ in the nature of certiorari and/or any other appropriate writ, order or direction, quashing and setting aside the impugned order dated 12.02.2018 marked Annexure B and be further pleased to declare and hold that the services of the petitioner cannot be terminated without giving reasonable

C/SCA/3520/2018 ORDER DATED: 03/04/2023

opportunity and without conducting any inquiry;

(B) Pending admission and final disposal of this petition, Your Lordships be pleased to restrain the respondents, their agent and servants from terminating and/or otherwise discontinuing the services of the petitioners;

(C) Any other ans such further relief as may be deemed fit just and proper may be granted in the interest of justice together with costs."

3. It is submitted by learned counsel Mr.T.R.Mishra appearing for the petitioner that the petitioner was working as Multipurpose Health Workers under the respondent no.2. The present petitioner challenges the order issued by the Deputy Secretary, Panchayat Gram Gruh Nirman and Gram Vikas Vibhag to all the District Development Officers in the State, whereby instructions has been issued to terminate all such employees who have degrees from certain universities in terms of the order passed by this Court in Letters Patent Appeal No.504 of 2016 in Special Civil Application No.16266 of 2015.

C/SCA/3520/2018 ORDER DATED: 03/04/2023

4. Learned counsel Mr.Mishra further submits that many Special Civil Applications came to be filed by various Multipurpose Health Workers before this Court. He submits that the learned Division Bench of this Court vide order dated 08.07.2022 passed in Letters Patent Appeal No.1411 of 2018 and other connected matters has been pleased to dispose of all such Letters Patent Appeals by issuing directions to the State Government, whereby it has been held that the requirements of principles of natural justice have to be extended to such employees before the order of termination can be passed. He therefore submits that the present petition can also be disposed of in the said terms.

5. Learned counsel Mr.Manish Patel and learned Assistant Government Pleader Mr.Meet Thakkar appearing for the respective respondents do not dispute the fact that the present case also be covered by the judgment and order passed in Letters Patent Appeal No.1411 of 2018 and other allied matters since the petitioner herein is also similarly placed as other Multipurpose Health Workers.

C/SCA/3520/2018 ORDER DATED: 03/04/2023

6. In view of the aforesaid observations, the present Special Civil Application stands disposed of in terms of the order dated 08.07.2022 passed in Letters Patent Appeal No.1411 of 2018 and other allied matters. As a sequel, Civil Application also stands disposed of.

(ANIRUDDHA P. MAYEE, J.) NABILA