Gujarat High Court
Late Ranjanben Madhukar Dave Through ... vs State Of Gujarat on 18 July, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/7210/2025 ORDER DATED: 18/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7210 of 2025
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LATE RANJANBEN MADHUKAR DAVE THROUGH KANDARP SAMEER
DAVE
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR DHARMESH V SHAH(1050) for the Petitioner(s) No. 1
MS POOJA M PANCHAL(12720) for the Petitioner(s) No. 1
MS NIRALI SARDA, AGP for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 18/07/2025
ORAL ORDER
1. Heard learned Advocate Mr. Dharmesh Shah for the petitioner and
learned AGP Ms. Nirali Sarda for the respondent-State.
2. While the present petition is preferred by grandson of the late
employee, for grant of benefit of General Provident Fund scheme by
transferring the services of the late employee from Contributory
Provident Fund to General Provident Fund as per Resolution dated
15.10.1984, for the period during which the late employee was alive post
retirement, yet, as submitted by learned AGP Ms. Sarda, it is noticed by
this Court that the issues raised in the present petition would require
appropriate verification. It also appears that in similar set of petitions,
learned Co-ordinate Bench of this Court vide order dated 25.09.2024 in
Special Civil Application No. 16083 of 2022 and allied matters, had
directed the respondents i.e. Institutions as well as the State to verify.
3. Learned Advocates are ad idem that if such directions are passed,
at this stage the grievance of the petitioner could be assuaged. Hence, the
following directions are passed.
NEUTRAL CITATION
C/SCA/7210/2025 ORDER DATED: 18/07/2025
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(I) The petitioner herein is directed to approach the respondent-
College wherein the late employee was serving as a full time
employee with the relevant documents of his service record/
service details within a period of four weeks from the date of
receipt of this order.
(II) Upon receipt of all the relevant documents submitted by the
petitioner for grant of the benefit of Government Resolution dated
15.10.1984, the respondent-College is directed to forward a
proposal to the respondent - Commissioner of Higher Education,
State of Gujarat, within six weeks thereafter for processing the said
case for grant of the benefit of the Government Resolution dated
15.10.1984.
(III) Upon receipt of such proposal from the respondent-College,
where the late employee i.e. grandmother of the petitioner was
employed, the respondent - Commissioner of Higher Education, in
consultation with the Secretary, Education Department and the
Secretary, Finance Department, shall take a decision on such
proposal within a period of four weeks. While processing such
proposal of the writ petitioner, the respondent - Commissioner of
Higher Education, Secretary, Education Department and Secretary,
Finance Department shall decide the proposal for the grant of
benefit of the Government Resolution dated 15.10.1984 in
accordance with the Rules and Regulations and the judgment and
the orders passed by the Coordinate Bench of this Court, the
learned Division Bench of this Court and the Hon'ble Apex Court
as referred to in the order dated 25.09.2024 in Special Civil
Application No. 16083 of 2022 and allied matters.
NEUTRAL CITATION
C/SCA/7210/2025 ORDER DATED: 18/07/2025
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(IV) The proposal of the writ petitioner, if is found eligible by the
respondents for the grant of benefit under the Government
Resolution dated 15.10.1984, the same shall be processed for
necessary action and the financial benefits shall be paid to the writ
petitioner within a period of six weeks thereafter.
(V) In case the respondents deem the late employee as not being
entitled to the benefit, then an appropriate speaking order shall be
passed and whereas liberty is reserved in favour of the petitioner to
question the same before appropriate forum in accordance with
law.
4. With the above observations and directions, the present petition
stands disposed of as partly allowed.
(NIKHIL S. KARIEL,J)
BDSONGARA
