Shankarbhai Madhusinh Bariya vs State Of Gujarat
2023 Latest Caselaw 6799 Guj

                                                                                        NEUTRAL CITATION




     C/SCA/19143/2022                                  ORDER DATED: 14/09/2023

                                                                                        undefined




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 19143 of 2022

==========================================================
                        SHANKARBHAI MADHUSINH BARIYA
                                    Versus
                              STATE OF GUJARAT
==========================================================
Appearance:
MR JAPAN V DAVE(5947) for the Petitioner(s) No. 1
MR ADITYA PATHAK, AGP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                               Date : 14/09/2023

                                ORAL ORDER

1. Heard learned advocate Mr.Japan Dave on behalf of the

petitioner and learned Assistant Government Pleader

Mr.Aditya Pathak on behalf of the respondent - State.

2. Learned advocate Mr.Dave would submit that the case of

the present petitioner 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 petitioner at

this stage could be assuaged if a representation which would

be preferred by the petitioner relying upon the said judgment

may be directed to be decided by the respondents within a

specific period of time.

NEUTRAL CITATION

C/SCA/19143/2022 ORDER DATED: 14/09/2023

undefined

3. Considering the submission made by learned advocate

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

following directions are passed:-

(i) The petitioner to prefer a representation pointing out

how his 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 petitioner within

a period of two weeks from today.

(ii) Upon such representation 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 dated 25.10.2019 whereby the proposal in case of the

present petitioner is 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 petitioner as expeditiously, but not

later than six weeks from the date of decision as per 3(ii), as

above.

NEUTRAL CITATION

C/SCA/19143/2022 ORDER DATED: 14/09/2023

undefined

(iv) In case the present petitioner is 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) Bhoomi