Citation : 2025 Latest Caselaw 5554 Guj
Judgement Date : 8 April, 2025
NEUTRAL CITATION
C/SCA/15229/2024 ORDER DATED: 08/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15229 of 2024
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PARSOTTAM UMEDBHAI PARMAR & ANR.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR HB SINGH(2073) for the petitioners(s) No. 1,2
MR SANJAY UDHWANI ASSISTANT GOVERNMENT PLEADER for
the Respondent(s) No. 1,2
NOTICE SERVED BY DS for the Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 08/04/2025
ORAL ORDER
1. By way of this petition, the petitioner have prayed for multi-fold reliefs. However, learned advocate Mr. Singh appearing for the petitioners, upon instruction, states that at this juncture, keeping all the rights and contentions of the petitioners open, the petitioners are pressing only for prayer made in paragraph No. 10(D) which reads as under :-
"[D] Be pleased to direct the respondent authorities to decide the representation dated 07.04.2024 and 22.06.2024 made by the petitioners to the respondent authorities within a stipulated time and extend the benefit as have been granted to other similarly situated employees, in accordance with judgment dated 29-06-2018
NEUTRAL CITATION
C/SCA/15229/2024 ORDER DATED: 08/04/2025
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in Letters Patent Appeals No.380 of 2016 and allied matters."
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 of 2016 and allied matters dated 29.06.2018, the grievance raised by the present petitioners at this stage could be assuaged if representations which would be preferred by the petitioners relying upon the said judgment may be directed to be decided by the respondents within a specific period of time.
3. Considering the submission made by learned advocate Mr. Singh, since the same appears to be reasonable, the following directions are passed :-
"(i) The petitioners, in addition to the representations already preferred dated 07.04.2024 and 22.06.2024, shall prefer fresh representations pointing out how their case is similar to the case of the
of 2016 and allied matters and whereas, such representation shall be preferred by the petitioners within a period of two weeks from today.
(ii) Upon such representation being received by the respondents, the same
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C/SCA/15229/2024 ORDER DATED: 08/04/2025
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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, whereby the proposals in case of the present petitioners is stated to be pending.
(iii) It is directed that if the petitioners are similarly situated to the employees in Letters Patent Appeal No.380 of 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(ii), as above.
(iv) 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 has not entered into the merits of the matter. Direct service is permitted.
(NIRZAR S. DESAI,J) Pallavi
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