Gujarat High Court
Varis Ibrahimbhai Talat vs State Of Gujarat on 1 January, 2024
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/21660/2023 ORDER DATED: 01/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 21660 of 2023
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VARIS IBRAHIMBHAI TALAT
Versus
STATE OF GUJARAT
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Appearance:
MR GAURAV CHUDASAMA(5660) for the Petitioner(s) No. 1,2,3,4,5
for the Respondent(s) No.
10,100,101,102,103,104,105,106,107,108,109,11,110,111,112,113,114,115,1
16,117,118,119,12,120,121,122,123,124,125,126,127,128,129,13,130,131,13
2,133,134,135,136,137,138,139,14,140,141,142,143,144,145,146,147,148,14
9,15,150,151,152,153,154,155,156,157,158,159,16,160,161,162,163,164,165
,166,167,168,169,17,170,171,172,173,174,175,176,177,178,179,18,180,181,
182,183,184,185,186,187,188,189,19,190,191,192,193,194,195,196,197,198,
199,2,20,200,201,202,203,204,205,21,22,23,24,25,26,27,28,29,3,30,31,32,33
,34,35,36,37,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,51,52,53,54,55,56,5
7,58,59,6,60,61,62,63,64,65,66,67,68,69,7,70,71,72,73,74,75,76,77,78,79,8,8
0,81,82,83,84,85,86,87,88,89,9,90,91,92,93,94,95,96,97,98,99
MR ADITYA PATHAK, ASST.GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 01/01/2024
ORAL ORDER
1. At the outset learned Advocate Mr. Gaurav Chudasama
tenders a draft amendment. The same is granted. Appropriate
amendment to be carried out by 02.01.2024.
2. Heard learned Advocate Mr. Gaurav Chudasma on
behalf of the petitioners and learned Assistant Government
Pleader Mr. Aditya Pathak on behalf of the respondent - State.
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C/SCA/21660/2023 ORDER DATED: 01/01/2024
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3. The petitioners have inter alia sought for the following
prayers.
"(A) This Honourable Court be pleased to issue a
writ of mandamus or in the nature of mandamus or
any other writ that the Honourable Court be pleased
to direct the respondent no. 1 to cancel the transfer
orders Dt. 11-07-2023 [Annexure-M] as the same as
was passed without considering the resolutions
issued by the respondent no. 2.
(B) Your Lordships may be pleased to direct the
respondents authorities to modify the promotion
orders Dt. 31-07-2023 [Annexure-N] as the same has
been issued in contravention of the resolutions and
orders passed by this Hon'ble Court and after the
modification the present petitioners may be given
promotion on the basis of their merits and seniority
on the post of Deputy Mamlatdar Class-III and if
there are vacancies in their respective districts the
petitions may be accommodated in their respective
district.
(C) During the admission, final hearing and
pendency of the petition, the respondent no.1 may
restrain to grant further promotion on the post of
Deputy Mamlatdar Class-III.
(D) Any other relief that may be deemed just,
proper and necessary may also be kindly granted."
4. It would appear that in a petition filed by the similarly
situated petitioners, this Court had directed the petitioners to
prefer a representation and whereas, the same was directed
to be decided by the respondent no.1 in consultation with
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C/SCA/21660/2023 ORDER DATED: 01/01/2024
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respondent no.2 within a period of four months of the
representation being received. It is submitted by learned
advocate Mr.Chudasama on behalf of the petitioners that the
decision, as envisaged, has not yet been taken and whereas,
learned advocate would request that as far as the present
petition is concerned, while the petitioners would be
preferring a representation within a period of one week and
whereas, the respondents may be directed to decide the
representation along with the representation preferred by the
petitioners of Special Civil Application No.17183/2023.
5. Having regard to the fact that the issue of the
petitioners of the present petition and the petitioners of the
petition referred to herein above are similarly situated raising
similar grievance, therefore, the following directions deemed
appropriate, are passed:-
(i) The petitioners to prefer a representation before the
respondents no. 1 for redressal of grievances as raised in the
present petition within a period of seven days from the date of
receipt of this order.
(ii) The respondent no. 1 in consultation with respondent no.
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C/SCA/21660/2023 ORDER DATED: 01/01/2024
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2 shall consider and decide the representation preferred by
the petitioners along with the representation preferred by the
petitioners of SCA No.17183/2023.
(iii) Since it is submitted that opportunity as envisaged at
direction no.6[3] of the order dated 09.10.2023 in SCA
No.17183/2023 has not been granted, appropriate opportunity
may also be granted to any one of the petitioner.
(iv) The respondents while deciding the representation of
the petitioners in accordance with law and with extant policy
of the State Government and also having due regard to the
law laid down by this Court in judgments which would be
cited by the parties.
(v) It is also required to be stated at this stage that since
interference in order dated 11.07.2023 which is one of the
subject matter of challenge may result in adverse
consequences to the private respondents herein, the
respondents while deciding the grievance of the petitioners
shall also afford an opportunity to such private respondents
who are the beneficiaries of order dated 11.07.2023.
(vi) Decision taken by the respondents shall be intimated to
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C/SCA/21660/2023 ORDER DATED: 01/01/2024
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the petitioners as well as to the private respondents and
whereas in case either of the parties are aggrieved by such
decision, it would be open for them to challenge the same
before appropriate forum in accordance with law.
6. With the above observations and directions, the present
petition stands disposed of.
Direct service is permitted.
(NIKHIL S. KARIEL,J)
Bhoomi
