Gujarat High Court
Samsudin Mohamadali Sheikh vs State Of Gujarat on 7 May, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/6442/2025 ORDER DATED: 07/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO.6442 of 2025
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SAMSUDIN MOHAMADALI SHEIKH & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance :
MR HB SINGH for the Petitioners.
MR ADITYA DAVDA, AGP for the Respondents.
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 07/05/2025
ORAL ORDER
1. By way of the present petition, the petitioners have
prayed for the following reliefs :-
"(A) Be pleased to admit this petition.
(B) Be pleased to issue a writ of mandamus
or in the nature of mandamus or any other
appropriate writ, order or direction holding the
action of the respondent authorities in not granting
the temporary status despite of having working
more than 32 to 36 years on the work charge
establishment is arbitrary, discriminatory and
violative of Article 14 and 21 of the Constitution of
India;
(C) Be pleased to issue a writ of mandamus
or in the nature of mandamus or any other
NEUTRAL CITATION
C/SCA/6442/2025 ORDER DATED: 07/05/2025
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appropriate writ, order or direction and direct the
respondent authorities to convert the petitioners
services from work charge to temporary
establishment after having worked for 20 years and
would give first higher grade as per prevailing
policy as held by this Hon'ble Court in judgment
dated 29.6.2018 passed in Letters Patent Appeals
No.380 of 2016 and allied matters Annexure-B.
OR
(D) Be pleased to direct the respondent
authorities to decide the representations dated
05.04.2025 made by the petitioners to the
respondent authorities within a stipulated time and
extend the benefit as have been grants to other the
similarly situated employees, in accordance with
judgment dated 29.6.2018 passed in Letters Patent
Appeals No.380 of 2016 and allied matters
Annexure-B.
(E) Pending admission till final disposal of
this petition, be pleased to direct the respondent
authorities to convert the petitioners services from
work charge establishment in temporary
establishment after having worked for 20 years as
held by this Hon'ble Court in judgment dated
29.6.2018 passed in Letters Patent Appeals No.380
of 2016 and allied matters Annexure-B."
NEUTRAL CITATION
C/SCA/6442/2025 ORDER DATED: 07/05/2025
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2. Considering the fact that the petitioners are seeking a
relief to decide their representation dated 5.4.2025 which is made
very recently, learned advocate Mr. H. B. Singh appearing for the
petitioners states that the grievance of the petitioners would be
satisfied if the Court passes an order directing the respondent No.1
to decide the representation of the petitioners and he does not
press the rest of the prayers for the time being till the
representation is decided.
3. In view of that, the office of the respondent No.1 is
directed to decide the representation dated 5.4.2025 of the
petitioners in accordance with law, as early as possible, preferably
within a period of three months from the date of receipt of the
order and to pass a reasoned order upon the same and
communicate the same to the petitioner by way of RPAD.
4. With the aforesaid observation and direction, without
examining the merits of the case, the present petition stands
disposed of.
(NIRZAR S. DESAI,J)
SAVARIYA
