Gujarat High Court
Rajusinh Bhavansinh Bihola vs State Of Gujarat on 7 August, 2025
NEUTRAL CITATION
C/SCA/21666/2019 ORDER DATED: 07/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 21666 of 2019
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RAJUSINH BHAVANSINH BIHOLA & ANR.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Petitioner(s) No. 1
MR VAIBHAV A VYAS(2896) for the Petitioner(s) No. 1.1
MR YOGEN N PANDYA(5766) for the Petitioner(s) No. 1
MS RV ACHARYA(1124) for the Respondent(s) No. 5
NOTICE SERVED BY DS for the Respondent(s) No. 1,2,4,6
MR. RONAK D CHAUHAN(7709) for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 07/08/2025
ORAL ORDER
1. Heard learned Advocates appearing for the respective.
2. At the outset, learned advocate Mr. Vaibhav Vyas for
the petitioner has submitted that the issue is squarely
covered by the decision of the Division Bench of this
Court vide common order dated 28.02.2017 rendered in
Letters Patent Appeal No. 307 of 2017 and allied
matters.
2.1 Learned Advocate has submitted that the petitioner
are claiming the benefits of pension as they have already
completed the qualifying years of service i.e. ten (10)
NEUTRAL CITATION
C/SCA/21666/2019 ORDER DATED: 07/08/2025
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years as envisaged in the relevant rules. Learned
Advocate has submitted that the Division Bench of this
Court, after examining the relevant rules as well as
similar controversies, has passed an order in this regard.
Learned Advocate has submitted that all the orders have
been accepted and no appeal has been filed by the
petitioner.
3. Learned Advocates for the respondents have submitted
that the case of present petitioner is required to be
thoroughly examined and whereas after examination, if it
is found that the employee is entitled to the benefits, as
conferred by the Division Bench of this Court in the
common order, then the same will be paid to petitioner.
4. Learned Assistant Government Pleader for the
respondent authorities has submitted that after
threadbare examination of the case of the petitioner, who
is present before this Court, appropriate orders shall be
passed conferring the retiral benefits as envisaged by the
judgments rendered by the Division Bench of this Court
in various matters.
NEUTRAL CITATION
C/SCA/21666/2019 ORDER DATED: 07/08/2025
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5. Under the circumstances, the respondent-State is
hereby directed to examine the case of petitioner in
consultation with the respondents Gujarat Water
Resources Development Corporation and the concerned
District Panchayat. If it is found that the petitioner is
fulfilling the parameters laid down by the Division Bench
of this Court in the common order dated 28.02.2017
rendered in Letters Patent Appeal No. 307 of 2017 and
are similarly situated to them, appropriate benefits shall
be conferred to them as per the Division Bench
judgment. The entire exercise shall be carried out within
a period of four (4) months from the date of receipt of
the writ of this order.
6. In case, any adverse order is passed, it will be always
open for the petitioner to approach this Court by way of
filing appropriate proceedings.
7. With the above observations and directions, the
present petition stands dispose of.
(SANDEEP N. BHATT,J)
DIWAKAR SHUKLA
