Nanjibhai Parshottambhai Rohit vs State Of Gujarat
2024 Latest Caselaw 3930 Guj

Gujarat High Court

Nanjibhai Parshottambhai Rohit vs State Of Gujarat on 1 May, 2024

Author: Biren Vaishnav

Bench: Biren Vaishnav

                                                                                NEUTRAL CITATION




      C/LPA/1134/2012                            ORDER DATED: 01/05/2024

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          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/LETTERS PATENT APPEAL NO. 1134 of 2012

         In R/SPECIAL CIVIL APPLICATION NO. 18210 of 2011

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                NANJIBHAI PARSHOTTAMBHAI ROHIT & ORS.
                                Versus
                       STATE OF GUJARAT & ORS.
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Appearance:
MR JA ADESHRA(107) for the Appellant(s) No. 1,1.1,1.2,1.3,1.4
MR.ROHAN SHAH, AGP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2,3,4
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  CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
        and
        HONOURABLE MR. JUSTICE PRANAV TRIVEDI

                    Date : 01/05/2024
                     ORAL ORDER

(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)

[1] The present Letters Patent Appeal under Clause 15 of the

Letters Patent arises out of an order of the learned Single Judge

dated 25.07.2012 in Special Civil Application 18210 of 2011.

[2] The challenge to the oral order is made on the ground that

having served for a period of 31 years, the original petitioner

was entitled to regularization.

[3] On 14.06.2021, the Division Bench passed the following

order:-

NEUTRAL CITATION

C/LPA/1134/2012 ORDER DATED: 01/05/2024

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"Learned Counsel for the Appellant submits that the Appellant-Nanjibhai Parshottambhai Rohit has unfortunately expired due to Covid-19 in the 1st week of May-2021 and he prays for 3(Three) weeks time to file an Application for bringing Legal Representatives of the Appellant on record.

Put up on 5th July 2021."

[4] Unfortunately, the appellant having expired the heirs of

the appellant would not be entitled to the benefits of

regularization. We would have therefore, considered the case of

heirs by granting adequate compensation by adopting a

yardstick of giving a minimum of pay scale in the event the

deceased appellant was in service. However, in light of

paragraph 32 of the judgment of the Division Bench in Letters

Patent Appeal No.724 of 2023 and allied matters dated

11.08.2023, the present appeal cannot be entertained. Para 32

reads as under:-

"32. In light of the above discussion, we reached at an irresistible conclusion that the opinion drawn by the learned Single Judge in paragraph '17' of the judgment impugned, giving interpretation to Clause-1 of the Circular dated 16.07.2019 to grant benefit of regular pay to the part-time employees working for less than four hours, is

NEUTRAL CITATION

C/LPA/1134/2012 ORDER DATED: 01/05/2024

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based on wrong assumptions. However, in view of the arguments of the learned Senior Counsel for the respondents - writ petitioners in light of the facts of the instant case, as the writ petitioners - respondents herein are covered by the Circular dated 16.07.2019 as they have demonstrated to have been working for six hours or more in a day in different departments of the State Government, we hold that the interpretation of the Circular dated 16.07.2019 in respect to those part-time employees who were/are working for less than four hours in a day, would not arise, in the instant case."

[5] We do not find any reason to entertain the present appeal.

Accordingly, Letters Patent Appeal is dismissed.

(BIREN VAISHNAV, J.)

(PRANAV TRIVEDI, J.) DHARMENDRA KUMAR