Gujarat High Court
Deraiya Bhavesh Narendrabhai vs State Of Gujarat on 17 June, 2025
NEUTRAL CITATION
C/SCA/6386/2018 ORDER DATED: 17/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6386 of 2018
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DERAIYA BHAVESH NARENDRABHAI & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
DELETED for the Petitioner(s) No. 2
MR. MN MARFATIA(6930) for the Petitioner(s) No. 1,3,4,5,6,7,8,9
MS. SURBHI BHATI, AGP for the Respondent(s) No. 1,2
MR CHAITANYA S JOSHI (5927) for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 17/06/2025
ORAL ORDER
1. The present petition is filed for seeking the following
reliefs:
"7. The petitioners respectfully pray that on the basis of
the facts and circumstances as mentioned hereinabove and
which may be urged at the time of hearing, the Honourable
Court may be pleased to issue a writ of mandamus or any
other appropriate writ, order or direction to the respondent
authorities and may be pleased to direct the respondent
authorities to:-
(A) Regularize the service conditions of the petitioners and
thereby to confer the benefits of permanency on the post of
lecturers held by them in government colleges and to give
them all the consequential benefits.
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C/SCA/6386/2018 ORDER DATED: 17/06/2025
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(B) Make payment of salary to the petitioner as per the
regular pay scale of the posts of Lecturers in Government
Colleges, as the petitioners are appointed against sanctioned
vacant posts of Lecturers in Government Colleges, from the
date of their appointment.
(C) Pending admission and final disposal of this petition,
the Honourable Court may be pleased to direct the
respondent authorities not to terminate the services of the
present petitioners on the ground of completion of their
contract, by maintaining the status quo.
(D) Pending admission and final disposal of this petition,
the Honourable Court may be pleased to direct the
respondent authorities to make payment of salary to the
petitioner as per the regular pay scale of the posts of
Lecturers in Government Colleges.
(E) Grant any other relief or pass any other order which
the Honourable Court may consider as just and proper in
the facts and circumstances of the case."
2. Heard learned advocates appearing on behalf of the
respective parties.
3. At the outset, learned advocate Ms. Priyanka Gojiya
appearing on behalf of learned advocate Mr. Marfatia for the
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C/SCA/6386/2018 ORDER DATED: 17/06/2025
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petitioners and learned AGP have relied upon the judgment
of the Division Bench of this Court in Letters Patent Appeal
No.820 of 2019 and allied matters on 21.08.2024 and in view
of that, learned advocate for the petitioners has fairly
submitted that the present petition has become infructuous,
however, she has further submitted that liberty may be
reserved considering the direction given vide order dated
21.08.2024 in Letters Patent Appeal No.820 of 2019 and
allied matters, more particularly, paragraph 18 is relevant,
which reads as under:
"18. Liberty is reserved in favour of the appellants to
claim the arrears of the basic wages, which has been
conferred to them vide Resolution dated 02.08.2024."
4. Considering the same, it is expected that the parties
may do needful in view of the observations made vide order
dated 21.08.2024 passed by the Division Bench of this Court
in Letters Patent Appeal No.820 of 2019, if case of need,
they shall act accordingly.
5. With the above, observation, the present petition is
disposed of as having become infructuous. Notice stands
discharged.
(SANDEEP N. BHATT,J)
DIWAKAR SHUKLA
