Qureshi Mahemudali Munavarali vs State Of Gujarat
2025 Latest Caselaw 1377 Guj

Gujarat High Court

Qureshi Mahemudali Munavarali vs State Of Gujarat on 25 July, 2025

                                                                                                              NEUTRAL CITATION




                              C/SCA/7330/2017                                  ORDER DATED: 25/07/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                      R/SPECIAL CIVIL APPLICATION NO. 7330 of 2017
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                                                QURESHI MAHEMUDALI MUNAVARALI
                                                            Versus
                                                   STATE OF GUJARAT & ORS.
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                       Appearance:
                       MR. NISARG D SHAH(7299) for the Petitioner(s) No. 1
                       MS DEVANSHIBA RANA, AGP for the Respondent(s) No. 1
                       RULE SERVED for the Respondent(s) No. 2,3
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                         CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA

                                                           Date : 25/07/2025

                                                            ORAL ORDER

1. The prayer sought for in this writ petition is to direct the respondents to extend the benefit of Temporary Establishment on completion of 5 years of service as a work-charge employee. This prayer is based on the decision rendered by the Coordinate Bench of this Court in Special Civil Application No.10829 of 2003.

2. It is not in dispute that this decision rendered by the Coordinate Bench in Special Civil Application No.10829 of 2003 was reversed in Letters Patent Appeal No.380 of 2016 and thus, the basis for the petitioner's prayer would not survive.

3. Learned Assistant Government Pleader also submits that the Division Bench has held that the benefit of temporary establishment is to be extended on the basis of 20 years of service. But, in the instant case, the petitioner has been extended the benefit on completion of 11 years of service and,

NEUTRAL CITATION

C/SCA/7330/2017 ORDER DATED: 25/07/2025

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therefore, the petitioner has no grievance. This position is not seriously disputed.

4. In the light of the fact that the petitioner has already been extended the benefit of temporary establishment on completion of 11 years of service and as per the dictum of the Division Bench's judgment, which enabled him the only benefit of 20 years, it is clear that no relief can be granted to the petitioner. The petition is, therefore, DISMISSED.

Rule is discharged.

Sd/-

(NSSG,J) OMKAR