Gujarat High Court
Himeshkumar Natvarbhai Parekh vs Milind Torawane, Secretary on 16 October, 2025
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/MCA/2513/2025 ORDER DATED: 16/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 2513 of
2025
In R/SPECIAL CIVIL APPLICATION/9504/2022
=============================================
HIMESHKUMAR NATVARBHAI PAREKH & ORS.
Versus
MILIND TORAWANE, SECRETARY & ANR.
=============================================
Appearance:
MR VAIBHAV A VYAS(2896) for the Applicant(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,33,
34,35,36,37,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,51,52,53,54,55,56,57,58
,59,6,60,61,62,63,64,65,66,67,68,69,7,70,71,72,73,74,75,76,77,78,79,8,80,81,82,
83,84,85,86,87,9
MS PRACHI UPADHYAY(5857) for the Applicant(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,33,
34,35,36,37,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,51,52,53,54,55,56,57,58
,59,6,60,61,62,63,64,65,66,67,68,69,7,70,71,72,73,74,75,76,77,78,79,8,80,81,82,
83,84,85,86,87,9
MS VAISHNAVI VERMA, AGP for the RESPONDENTS
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 16/10/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. Learned advocate Ms. Prachi Upadhyay has submitted
that in group of matters being Misc. Civil Application No.795 of
2022 and allied matters, this Court has already passed the
order in a similar issue and hence, similar order may be passed
in this matter.
2. The following order was passed in Misc. Civil Application
No.795 of 2022 and allied matters by this Court:-
"At the outset, learned advocates appearing for respective parties as well
as the learned Additional Advocate General Ms.Manisha Lavkumar has
submitted that the Supreme Court vide order dated 08.09.2025, has
dismissed the Special Leave Petition (Civil) Diary No.48874 of 2025 which
NEUTRAL CITATION
C/MCA/2513/2025 ORDER DATED: 16/10/2025
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has been filed by the State Government. Thus, the judgment and order
dated 23.04.2024 passed in Letters Patent Appeal No.1325 of 2022 and
the order dated 25.06.2025 in MCA No.27969 of 2024 stands confirmed.
Learned AAG on instructions of Mr.Gopalsinh Yadav, Under Secretary,
Panchayat Rural Housing and Rural Development Department submitted
that the benefits as directed by this Court shall be paid to all the
applicants - original petitioners within a period of 3 months. She has
submitted that there are at least more than 2800 employees and an
amount of Rs.1400 Crores is required to be disbursed by way of benefits to
all the applicants in the entire State. The aforesaid time limit has been
vehemently opposed by the learned advocates appearing for the applicant
and submitted that the 3 months time may not be granted for extending
the actual benefits since the State Government has already undertaken an
exercise in this regard by calculating the amount to be paid to the present
applicant.
We appreciate the concern of the learned advocates appearing for the
applicants since they are waiting for the actual benefits to be paid for
more than three and a half years. However, since the SLP is dismissed by
the Supreme Court on 08.09.2025 laying quietus to the entire controversy,
and looking to the fact that there are more than 2800 employees and an
amount of Rs.1400 Crores is also involved, we accede to the request of the
learned Additional Advocate General. We direct that the actual benefits to
the present applicants shall be paid within a period of 3 months. With this
observations, we further clarify that the limitation of 3 months for granting
the benefit shall apply to the petitioners who have approached this Court
and so far as the similarly situated employees are concerned, who have not
approached this Court, the State may extend such benefits as per their
convenience.
With this observations, we dispose of the present applications. However,
the liberty is reserved in favour of the applicants to revive the present
applications by filing a simple note before the Registry of this Court in
case, the actual benefits are not paid within a period of 3 months. We,
further, clarify that in case, the actual benefits are not paid within a period
of 3 months and the applicants are constrained to revive the applications,
a personal cost of Rs.25,000/- shall be imposed on the erring officers in
each of the applications"
3. Thus, the present application is disposed of in terms of the
aforesaid order.
Sd/-
(A. S. SUPEHIA, J)
Sd/-
(L. S. PIRZADA, J)
MAHESH/11
