Kanubhai Vitthalbhai Patel vs Secretary
2023 Latest Caselaw 7502 Guj

                                                                                        NEUTRAL CITATION




     C/SCA/17745/2023                                  ORDER DATED: 10/10/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 17745 of 2023

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                         KANUBHAI VITTHALBHAI PATEL
                                   Versus
                                SECRETARY
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Appearance:
MR HB SINGH(2073) for the Petitioner(s) No. 1,2,3
for the Respondent(s) No. 1,3,4
MR ADITYA PATHAK, AGP for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                               Date : 10/10/2023
                                ORAL ORDER

1. Heard learned advocate Mr.H.B. Singh on behalf of the

petitioners and learned Assistant Government Pleader

Mr.Aditya Pathak 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 a representation which is

preferred by the petitioners relying upon the said judgment

may be directed to be decided by the respondents within a

specific period of time.

NEUTRAL CITATION

C/SCA/17745/2023 ORDER DATED: 10/10/2023

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3. Considering the submission made by learned advocate

Mr.Singh, since the same appears to be reasonable, the

following directions are passed:-

(i) The representation preferred by the petitioners, more

particularly the legal notice sent through learned Advocate

dated 31.07.2023, to be decided by the respondent No.3 in

consultation with respondent No.2, within a period of six

weeks from today.

(ii) It is directed that if the petitioners are 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(i), as

above.

(iii) In case the present petitioners are aggrieved by the

decision of the respondents, then it would be open for the

petitioners 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

NEUTRAL CITATION

C/SCA/17745/2023 ORDER DATED: 10/10/2023

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has not entered into the merits of the matter. Direct service is

permitted.

(NIKHIL S. KARIEL,J) BDSONGARA