Citation : 2025 Latest Caselaw 4802 Guj
Judgement Date : 17 June, 2025
NEUTRAL CITATION
C/SCA/576/2024 ORDER DATED: 17/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 576 of 2024
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DEVUJI MAFAJI SOLANKI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
ADVOCATE NOTICE SERVED for the Petitioner(s) No. 1
MS SURBHI BHATI, AGP for the Respondent(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 2
NOTICE SERVED for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 17/06/2025
ORAL ORDER
1. This petition is filed for the following prayers:
"9(A) Your Lordships may be pleased to admit and allow this petition;
(B) Your Lordships may be pleased to issue an appropriate writ, order or direction that to consider the case of the petitioner for absorption in District Education Committee, Banaskantha the petitioner praying for the direction to consider the service rendered by the petitioner with Ashram School as continuous service under district education committee and consider his case and be allowed to have their LIEN in view of Government Resolution dated 23 rd August 1973 Annexure "A" as well as in view of oral judgment passed in SCA No.20333 of 2019 with SCA No.20608/2019 with SCA No.20780/2019 dated 13/09/2022
NEUTRAL CITATION
C/SCA/576/2024 ORDER DATED: 17/06/2025
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Annexure "F" and other similar type of matters and thereafter in pursuance to that the respondent No.1 has passed an appropriate orders as per the Government Resolution dated 23rd August 1973 accordingly, forthwith in the interest of justice;
(C) Your Lordships may be pleased to issue an appropriate writ, order or direction that to consider the case of the petitioner for absorption in District Education Committee, panchmahal and be allowed to have their LIEN in view of Government Resolution dated 23 rd August 1973 in the interest of justice.
(D) Pending admission and final disposal of this petition, this Hon'ble Court may be pleased to grant the prayer described in paragraph No.9(B) & (C) and further be directed to restrain the respondents authorities from removal of Petitioner without due process of law in the interest of justice;
(F) xxxx"
2. Though advocate notice is served, none appears for
the petitioner.
3. In view of the same, in view of the submissions
made by learned advocates for the parties, on perusal of the
papers on record and the judgment dated 13.9.2022 passed in
SCA No.20333 of 2019 with SCA No.20608 of 2019 with SCA
No.20780 of 2019, this petition is required to be allowed.
NEUTRAL CITATION
C/SCA/576/2024 ORDER DATED: 17/06/2025
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4. Accordingly this petition is allowed. The
respondents are directed to confer the benefit of lien to the
petitioner/s in the District Education Committee,
Banaskantha, with all consequential benefits and pass
appropriate orders to that effect within a period of ten weeks
from the date of receipt of copy of this order.
(SANDEEP N. BHATT,J) SRILATHA
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