Gujarat High Court
Patel Mayank Dahyabhai vs State Of Gujarat on 15 June, 2023
Bench: J. C. Doshi
C/LPA/653/2023 ORDER DATED: 15/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 653 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 20486 of 2022
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023
In R/LETTERS PATENT APPEAL NO. 653 of 2023
With
R/LETTERS PATENT APPEAL NO. 654 of 2023
In
SPECIAL CIVIL APPLICATION NO. 20157 of 2022
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023
In R/LETTERS PATENT APPEAL NO. 654 of 2023
In
SPECIAL CIVIL APPLICATION NO. 20157 of 2022
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PATEL MAYANK DAHYABHAI
Versus
STATE OF GUJARAT
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Appearance:
MR SHALIN MEHTA, SR. ADVODATE with MR HEMANG M SHAH(5399) for
the Appellant(s) No. 1
for the Respondent(s) No. 2,3
MS SHRUTI DHRUVE, AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 15/06/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE J. C. DOSHI)
1. Present appeals are directed against the order dated
30.11.2022 passed by the learned Single Judge passed in
Special Civil Application No.19185 of 2022 and allied matters,
whereby the learned Single Judge dismissed all the petitions.
C/LPA/653/2023 ORDER DATED: 15/06/2023
The findings qua Special Civil Application Nos.20486 of 2022
and 20157 of 2022 are assailed by way of captioned Letters
Patent Appeals.
2. As common question of facts and law arises in these
appeals, they are being disposed of by this common order.
3. The original petitioners were serving as Vidhya Sahayak,
they came to be terminated on 1.11.2011 for the reason that
their certificates and testimonials were surreptitious. Said
termination order came to be challenged before this Court by
way of filing Special Civil Application Nos.20486 of 2022 and
20157 of 2022.
4. By common order dated 30.7.11, the writ petitions were
disposed of by issuing direction to the Committee, which was
formed by the State Government. It was directed by this Court
to supply all the relevant materials and the inquiry report to the
petitioners and the state authority was directed to give an
opportunity of hearing to the petitioners. Thus, following the
direction, show cause notices dated 8.9.2011 were issued to the
petitioners to remain present before the authority on 27.9.2011
with necessary documents. Subsequent thereto, vide orders
dated 1.11.2011 and 29.4.2011, the District Primary Education
Officer, Vadodara had cancelled the appointment of the
petitioners as Vidhya Sahayak and removed them from the
services. The group of petitions was preferred challenging the
orders. However, said petitions were rejected by order dated
15.11.2017. Except the petitioner of Special Civil Application
No.2362 of 2014, other petitioners filed Letters Patent Appeal
C/LPA/653/2023 ORDER DATED: 15/06/2023
No.679 of 2019 and other allied matters, but since there was
delay in filing the Letters Patent Appeals, an application for
condonation of delay was also filed. The Division Bench of this
Court rejected the delay condonation application by order dated
18.3.2019. As such, the Letters Patent Appeals were de-
registered on the ground that the delay is not condoned. What
therefore, indicates that the order passed by the learned Single
Judge confirming the dismissal of the petitioners had attained
finality.
5. It could be seen that subsequently, another set of group of
petitions being Special Civil Application No.8270 of 2014 and
allied matter were filed, which came to be allowed vide order
dated 13.12.2018, whereby the termination order of the services
of the petitioners were set aside. Similarly, in another set of
employees, who had filed writ petition being Special Civil
Application No.897 of 2013, this Court by judgment dated
22.10.2019 had quashed and set aside the termination order in
view of the judgment dated 17.6.2019 passed by the Division
Bench. What was noticed by the learned Single Judge from
said order that all the petitioners, who approached the Court,
were continued by the interim orders passed by the Court.
6. In the background of above aspects, the petitioners, who
remained unsuccessful upto the Letters Patent Appeal, seeing
chances, the petitioners again challenged the termination order
dated 29.4.2011 and 1.11.2011 by way of filing petitions. The
learned Single Judge dismissed the petitions on the ground that
at earlier point of time, the petitioners had challenged very same
order before this Court by filing aforesaid group of writ petitions,
C/LPA/653/2023 ORDER DATED: 15/06/2023
which came to be rejected by common order. The Letters Patent
Appeals filed against the aforesaid order were also not
entertained. Hence, the order of this Court have become final.
Hence, the submission canvassed is indigestible to us and
hence, A fortiori, we cannot be justified in accepting it.
7. At this juncture, learned AGP Mr. Shruti Dhruve brings to
the notice of this Court that the SLP (Diary) No.31925/2019 was
also filed by the unsuccessful petitioners before the Hon'ble Apex
Court, which was also dismissed.
8. It was weighed with the learned Single Judge that the
petitioners have again tried to reopen the issue, which has
already been decided and hence, the petitions were barred by
principles of res juidicata. The entire issue of the termination of
the petitioners was litigated and decided finally on merits, and
confirmed upto the Hon'ble Apex Court and therefore, in that fait
accompli, the original petitioners have no merit.
9. We found no reason to interfere with the impugned order
after hearing learned advocates for both the sides since the
dispute raised by the original petitioners have been decided
already and reached upto finality and therefore, the original
petitioners cannot re-agitate the same issue seeing the chance
that in some other matter, orders were passed. The order under
challenge is just, legal and proper and in the limited jurisdiction
of the Letters Patent Appeal, we do not find any reason to
interfere with the impugned order.
10. In the result, the Letters Patent Appeals fail and stand
C/LPA/653/2023 ORDER DATED: 15/06/2023
dismissed at admission stage. Connected civil applications also
stand dismissed.
(N.V.ANJARIA, J)
(J. C. DOSHI,J)
SHEKHAR P. BARVE
