Gujarat High Court
Thakorbhai Gulabsinh Sindha vs Gujarat State Electricity Corporation ... on 15 July, 2025
NEUTRAL CITATION
C/SCA/9299/2019 ORDER DATED: 15/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9299 of 2019
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THAKORBHAI GULABSINH SINDHA
Versus
GUJARAT STATE ELECTRICITY CORPORATION LD & ANR.
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Appearance:
MR TR MISHRA(483) for the Petitioner(s) No. 1
MS LILU K BHAYA(1705) for the Respondent(s) No. 2
NOTICE SERVED BY DS for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 15/07/2025
ORAL ORDER
1. This petition is filed for the following reliefs:
"11(A) That Your Lordships be pleased to issue an order,
direction or writ in the nature of certiorari and/or any other
appropriate writ, order or direction, quashing and setting
aside the impugned show-cause notice dated 4-5-2019 asking
the petitioner to show cause as to why his services should
not be terminated, as the issue is already decided by the
Hon'ble Supreme Court of India on exactly similar ground;
(B) That Your Lordships be pleased to direct the respondents
not to disturb the present service condition of the petitioner
as Plant Operator Grade-II;
(C) Pending admission and final disposal of this petition,
Your Lordships be pleased to restrain the respondents, their
agents and servants from terminating and/or otherwise
discontinuing the services of the petitioner;
(D) xxxx"
NEUTRAL CITATION
C/SCA/9299/2019 ORDER DATED: 15/07/2025
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2. The brief facts leading to filing of this petition are
such that the petitioner was initially appointed in the
services of the respondents as Apprentice Boiler Attendant in
the year 1994 and on completion of apprentice period, the
petitioner was appointed on the post of Helper and thereafter
promoted on the post of Plant Attendant Grade-I and
presently working as Plant Operator Grade-II at Wanakbori
thermal police station; that the petitioner issued shoe cause
notice dated 4.5.2019 as to why his services should not be
terminated as he does not belong to SEBC community and
appointment order has been wrongly issued; that the
petitioner was appointed on the reserve post of SEBC
community on the strength of the certificate issued by
District Social Welfare Officer, Kheda and the said certificate
was issued on the strength of the School Leaving Certificate
issued by Vidhyut Board Vidhyalala, Dhuvaran, wherein caste
mentioned; that on receipt of a complaint that the petitioner
do not belong to SEBC community and the certificate of the
SEBC community is cancelled; that therefore the impugned
show cause notice as to why the services of the petitioner
should not be terminated as he does not belong to SEBC
community and appointment order has wrongly been issued,
which is the subject matter of challenge before this Court.
3. Heard learned advocates for the parties. Learned
NEUTRAL CITATION
C/SCA/9299/2019 ORDER DATED: 15/07/2025
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advocate Ms.Bhaya for the respondents authorities has
submitted that this Court has dismissed the petitions filed by
similarly situated persons vide order dated 14.7.2025 passed
in Special Civil Application Nos.1113 of 2025 and allied
matters, for the reasons stated therein and therefore this
petition is also required to be dismissed. Learned advocate
Mr.Mishra for the petitioners concedes to the same.
4. At the outset, it is required to be noted that the
similar issue was decided by this Court vide order dated
14.7.2025 passed in Special Civil Application No.1113 of 2025
and allied matters by a detailed judgment and dismissed the
said petitions. The petitioner herein is similarly situated to
those petitioners and therefore, no separate view can be
taken by this Court.
5. Therefore, without discussing anything further, this
petition is dismissed in view of the judgment dated 14.7.2025
passed in Special Civil Application No.1113 of 2025 and
allied matters. Notice is discharged. Interim relief, if any,
stands vacated.
6. At this stage, learned advocate Mr.Mishra for the
petitioner has submitted that the said judgment dated
14.7.2025 is stayed by this Court for a period of four weeks
NEUTRAL CITATION
C/SCA/9299/2019 ORDER DATED: 15/07/2025
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and therefore this order also be stayed.
7. Request is accepted. This order is stayed for a
period of four weeks.
(SANDEEP N. BHATT,J)
SRILATHA
