Prakashkumar Vijaykumar Dave vs Secretary, Narmada Water ...
2023 Latest Caselaw 7469 Guj

                                                                                         NEUTRAL CITATION




    C/SCA/17692/2023                                      ORDER DATED: 09/10/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 17692 of 2023

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             PRAKASHKUMAR VIJAYKUMAR DAVE
                         Versus
 SECRETARY, NARMADA WATER RESOURCES, WATER SUPPLY AND
                  KALPSAR DEPARTMENT
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Appearance:
MR HB SINGH(2073) for the Petitioner(s) No. 1,2,3
MS NIRALI SARDA, AGP for Respondent State
for the Respondent(s) No. 2,3,4,5
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                Date : 09/10/2023

                                 ORAL ORDER

1. Heard learned advocate Mr.H. B. Singh on behalf of the petitioners and learned Assistant Government Pleader Ms.Sarda on behalf of the respondent - State.

2. Learned advocate Mr.Singh would submit that the case of the present petitioners being squarely covered by decision of Hon'ble Division Bench of this Court rendered in Letters Patent Appeal No.380/2016 and allied matters dated 29.06.2018, the grievance raised by the present petitioners at this stage could be assuaged if representations which would be preferred by the petitioners relying upon the said judgment may be directed to be decided by the respondents within a specific period of time.

3. Considering the submission made by learned advocate Mr.Singh, since the same appears to be reasonable, the following directions are passed:-

NEUTRAL CITATION

C/SCA/17692/2023 ORDER DATED: 09/10/2023

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(i) The petitioners, in addition to the representations already preferred, shall prefer fresh representations pointing out how their case is similar to the case of the workmen in Letters Patent Appeal No.380/2016 and allied matters and whereas, such representation shall be preferred by the petitioners within a period of two weeks from today.

(ii) Upon such representations being received by the respondents, the same shall be considered and decided by them within a period of six weeks thereafter, more particularly taking into account the communication of the respondent herein, whereby the proposals in case of the present petitioners are stated to be pending.

(iii) It is directed that if the petitioner is similarly situated to the employees in Letters Patent Appeal No.380/2016, then the benefits as made available to the said employees may be passed on to the present petitioners as expeditiously, but not later than six weeks from the date of decision as per 3(ii), as above.

(iv) In case the present petitioners are aggrieved by the decision of the respondents, then it would be open for the petitioner to question the same before appropriate forum in accordance with law.

4. With the above observations and directions, the present petition stands disposed of. Needless to clarify that this Court has not entered into the merits of the matter. Direct service is permitted.

(NIKHIL S. KARIEL,J) V.V.P. PODUVAL