Gujarat High Court
Indravadan Manubhai Trivedi vs State Of Gujarat on 13 October, 2025
NEUTRAL CITATION
C/SCA/20790/2015 ORDER DATED: 13/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 20790 of 2015
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INDRAVADAN MANUBHAI TRIVEDI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS.FALGUNI D.TRIVEDI(3912) for the Petitioner(s) No. 1
MS POOJA ASHAR, AGP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 13/10/2025
ORAL ORDER
1. The present petition is filed for the following
prayers:
"7(A) Be pleased to allow this petition.
(B) Be pleased to issue Writ of Mandamus or any other
appropriate Writ, order or direction, for quashing and setting
aside the order dated 21.9.2015, passed by respondent No.2
and further be pleased to direct the present respondent No.2
to grant benefits of G.R. dated 17.10.1988 in view of order
passed by this Hon'ble Court as well as Judgment of Hon'ble
Supreme Court.
(C) Pending admission, hearing and final disposal of this
petition, Be pleased to direct the present respondent No.2 to
grant the benefits of G.R.dated 17.10.1988 to present
petitioner in view of order passed by this Hon'ble Court as
well as Judgment of Hon'ble Supreme Court.
(D) xxxx"
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C/SCA/20790/2015 ORDER DATED: 13/10/2025
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2. Learned advocate for the petitioner has fairly
submitted that the petitioner has filed various petitions
relying on the Government Resolution dated 17.10.1988 and
in Special Civil Application No.11533 of 2025, the coordinate
Bench of this Court has passed the following order on
19.8.2025, wherein in paragraph nos.3 to 5, it is observed
and held as under:
"3. From the submissions made by learned advocate for the
petitioner and from perusal of the documents on record, it
would appear that the present petitioner had inter alia
approached this Court by preferring Special Civil Application
No.10859/2001 and whereas, the same came to be disposed
of vide an order passed by a learned Coordinate Bench
dated 17.07.2015 more particularly holding that the benefits
of Government Resolution dated 17.10.1988 were denied to
the petitioner on the ground that the petitioner was not a
daily wager under the R&B Department.
3.1. Learned Coordinate Bench having directed the
respondents to consider the case of the petitioner afresh in
view of the law laid down by the Hon'ble Supreme Court in
case of State of Gujarat and Others vs. PWD Employees'
Union and Ors., reported in 2013 (2) GLH 692, the same
not being decided, the petitioner had approached this Court
by preferring Special Civil Application No.11236/2009 more
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C/SCA/20790/2015 ORDER DATED: 13/10/2025
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particularly the petitioner also challenging an order dated
18.06.2009 whereby the services of the petitioner had been
terminated, this Court vide order dated 14.09.2023 had
directed the respondents to reconsider the case of the
petitioner for grant of such benefits.
3.2. It would appear that vide the impugned order dated
19.02.2024, the respondents have come to a conclusion that
the petitioner is not entitled to the grant of benefits under
the Government Resolution dated 17.10.1988 more
particularly since the present petitioner had remained absent
from the year 1996 till the year 2006 and whereas, inspite
of various notices, the petitioner had not resumed the duties.
It also appears that the order impugned dated 18.06.2009
was passed in the very context.
4. Having considered the discussion in the impugned order
dated 19.02.2024 more particularly having regard to the fact
that the petitioner had voluntarily abandoned the services
after the year 1996, to this Court, it would not appear that
the present is a fit case where this Court should exercise its
discretionary jurisdiction for considering the case of the
petitioner as being entitled for benefits under Government
Resolution dated 17.10.1988.
4.1. It would appear to this Court that while the petitioner
had been appointed as a daily wager in the year 1995, he
had stopped going to services from the year 1996 and
whereas, ultimately, after a long list of notices issued to the
petitioner, of which reference is made in the impugned order
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C/SCA/20790/2015 ORDER DATED: 13/10/2025
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dated 19.02.2024, the petitioner had been removed from
service vide impugned order dated 18.06.2009.
5. To this Court, it would appear that the petitioner having
voluntarily abandoned the services somewhere in the year
1996, it would not be open for him now to claim the
benefits under Government Resolution dated 17.10.1988. The
respondents having not committed any error on that score,
to this Court, no interference is required, hence, the present
petition stands disposed as rejected in limini."
3. Considering the above order and considering the
fact that the petitioner has abandoned the services in the
year 1995, no prayers can be granted in this petition and
this petition is required to be dismissed. Accordingly,
dismissed. Notice/Rule stands discharged. Interim relief, if
any, stands vacated.
(SANDEEP N. BHATT,J)
SRILATHA
