Gujarat High Court
Girishkumar Dahyabhai Vala vs The State Of Gujarat on 3 April, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/4171/2025 ORDER DATED: 03/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO.4171 of 2025
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GIRISHKUMAR DAHYABHAI VALA
Versus
THE STATE OF GUJARAT & ORS.
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Appearance :
MS ADITI AVASHIYA FOR MR GAURAV K MEHTA for the Petitioner.
MR SANJAY UDHWANI, AGP for the Respondents.
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 03/04/2025
ORAL ORDER
1. By way of this petition, the petitioner has prayed for the
following reliefs :-
"(A) Your Lordships may be pleased to admit the
present petition;
(B) Your Lordships may be pleased to issue
appropriate, writ, order or direction by quashing
and setting aside the illegal, arbitrary, unjust, unfair
and discriminatory inaction of the respondent
authorities by not considering the case of the
petitioners for the implementation of Government
Resolution dated 16.07.2019 (hereto marked as
Annexure - "F") adopting illegal, arbitrary and
discriminatory action and further be pleased to hold
the same as bad at law.
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(C) Your Lordships may be pleased to issue
appropriate writ, order or direction directing the
respondent authority to pass appropriate order by
considering the judgments dated
21.12.2018/28.12.2018 passed in SCA No.7462 of
2012, order dated 9.5.2019 passed by this Hon'ble
Court in LPA No.1155 of 2019 and order dated
19.7.2022 passed in SCA No.88 of 2021 and order
dated 11.8.2023 passed in LPA No.724 of 2023
(Hereto marked as Annexure - "H") as well as the
Government Resolution dated 16.07.2019 (hereto
marked as Annexure - "F") issued by the finance
department in case of the petitioners and further be
pleased to direct the authority to extend the benefit
of reinstatement and also to extend the benefit of
salary to the tune of Rs.14,800/- as prescribed in the
Government Circular dated 16.7.2019."
2. It is the case of the petitioner that despite the fact that
the petitioner is working for more than two hours daily and is
entitled to the benefit of decision of Division Bench of this Court
dated 9.5.2019 passed in Letters Patent Appeal No.1155 of 2019 in
Special Civil Application No.7462 of 2012 which has subsequently
been modified vide order dated 11.8.2023 passed in Letters Patent
Appeal No.724 of 2023.
3. At the outset, learned advocate Ms. Aditi Avashiya
appearing for the petitioner submits that the petitioner would like
to make a representation to the respondents within a period of two
weeks from today and the respondents may be directed to decide
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the same in accordance with law and keeping in mind the decision
of Division Bench of this Court dated 9.5.2019 passed in Letters
Patent Appeal No.1155 of 2019 in Special Civil Application
No.7462 of 2012 which has subsequently been modified vide order
dated 11.8.2023 passed in Letters Patent Appeal No.724 of 2023
within some time bound schedule.
4. In view of the above submission, upon oral instructions
of the petitioner, learned advocate Ms. Aditi Avashiya has stated
that keeping all the rights and contentions of the petitioner open to
file a fresh petition in case the representation of the petitioner gets
rejected, the present petition may be disposed of as the petitioner
does not press any other reliefs prayed for in the present petition
except for a direction to decide the representation.
5. In view of the above submission, following directions
are issued :-
(i) The petitioner is at liberty to make a detailed
representation to the respondent No.3 within a period of two weeks
from today.
(ii) Upon receipt of the representation, the respondent
No.3, if require, in turn forward the same to the concerned
respondent Nos.1 & 2 and in any case, a decision upon the
representation that may be made by the petitioner be taken by the
concerned respondent by passing a reasoned order in accordance
with law within a period of three months from the date of receipt of
the representation from the petitioner. The respondents are
directed to communicate the decision upon the representation of
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C/SCA/4171/2025 ORDER DATED: 03/04/2025
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the petitioner through RPAD and the concerned respondent is
directed to pass a reasoned order in case if the representation of
the petitioner is rejected.
6. With the aforesaid observation and direction, without
examining the merits of the case, the present petition stands
disposed of.
(NIRZAR S. DESAI,J)
SAVARIYA
