Patel Jashvantbhai Bhagvandas vs State Of Gujarat
2025 Latest Caselaw 925 Guj

Gujarat High Court

Patel Jashvantbhai Bhagvandas vs State Of Gujarat on 15 July, 2025

Author: Nikhil S. Kariel

Bench: Nikhil S. Kariel

                                                                                                            NEUTRAL CITATION




                            C/SCA/1833/2021                                  ORDER DATED: 15/07/2025

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                    R/SPECIAL CIVIL APPLICATION NO. 1833 of 2021
                                                        With
                                    R/SPECIAL CIVIL APPLICATION NO. 1841 of 2021
                     ==========================================================
                                              PATEL JASHVANTBHAI BHAGVANDAS
                                                           Versus
                                                  STATE OF GUJARAT & ORS.
                     ==========================================================
                     Appearance:
                     MR HJ DHOLAKIA(5862) for the Petitioner(s) No. 1
                     MS SRUSHTI A THULA(5014) for the Petitioner(s) No. 1
                     MS NIRALI SARDA, ASST. GOVERNMENT PLEADER/PP for the
                     Respondent(s) No. 1 in SCA No.1833/2021
                     MR MITUL GAUTAM, ASST. GOVERNMENT PLEADER/PP for the
                     Respondent(s) No. 1 in SCA No.1841/2021
                     ==========================================================

                        CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                                         Date : 15/07/2025

                                                           ORAL ORDER

1. Heard learned advocate Ms.Srushti Thula with learned

advocate Ms.Nasrin Shaikh appearing on behalf of the

petitioner.

2. Learned advocates would fairly submit that selfsame

issue raised in the present petition had been decided by

learned Coordinate Bench of this Court vide order dated

18.02.2022 in Special Civil Application No.9823/2020 and

allied matters more particularly whereby, the substantive

request of the petitioner has been rejected. It is also

submitted that order of the learned Coordinate Bench has

been confirmed by the Hon'ble Division Bench as well as

NEUTRAL CITATION

C/SCA/1833/2021 ORDER DATED: 15/07/2025

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before the Hon'ble Apex Court.

2.1. It is submitted that the learned Single Judge has not

entertained the substantial grievance of the present petitioner

and whereas, the learned Coordinate Bench has interfered as

regards the aspect of recovery is concerned, more particularly

replying upon decision of the Hon'ble Apex Court in case of

State of Punjab and Ors. vs. Rafiq Masih (White Washer),

reported in (2015) 4 SCC 334.

2.2. It is further submitted that the order of the learned

Single Judge has not been interfered with by the Hon'ble

Division Bench as well as by the Hon'ble Supreme Court.

3. The submissions made by learned advocates for the

petitioner could not be disputed by learned AGP Ms.Sarda and

Mr.Gautam.

4. Having regard to such a position, to this Court, it would

appear that while the substantive prayer made by the

petitioner for grant of equal pay for equal work is not required

to be entertained and whereas, the following directions are

passed:-

NEUTRAL CITATION

C/SCA/1833/2021 ORDER DATED: 15/07/2025

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(i) The present petitions stand covered by judgment dated

18.02.2022 rendered in Special Civil Application

No.9823/2020 and allied matters.

(ii) While the entitlement of the petitioner for higher pay is

rejected, whereas, it is clarified that there shall be no

recovery from the present petitioner on account of reduction

in pay scale.

5. With these directions, the present petitions stand

disposed of a partly allowed.

(NIKHIL S. KARIEL,J) Bhoomi