Gujarat High Court

Panchal Kamal Girishbhai vs State Of Gujarat on 18 September, 2025

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                             C/SCA/13745/2020                                                      ORDER DATED: 18/09/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                   R/SPECIAL CIVIL APPLICATION NO. 13745 of 2020
                                                        With
                                    R/SPECIAL CIVIL APPLICATION NO. 17276 of 2018
                                                        With
                                CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2018
                                  In R/SPECIAL CIVIL APPLICATION NO. 17276 of 2018
                                                        With
                                CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2019
                                  In R/SPECIAL CIVIL APPLICATION NO. 17276 of 2018
                       ==========================================================
                                                 PANCHAL KAMAL GIRISHBHAI & ORS.
                                                             Versus
                                                    STATE OF GUJARAT & ORS.
                       ==========================================================
                       Appearance:
                       MR NIKUL K SONI(5122) for the Petitioner(s) No. 1
                       DS AFF.NOT FILED (N) for the Respondent(s) No. 2
                       MR. HENIL SHAH, AGP for the Respondent(s) No. 1-STATE IN ALL THE
                       CAPTIONED MATTERS.
                       MR MANISH J PATEL(2131) for the Respondent(s) No. 3
                       ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                                              Date : 18/09/2025
                                                               ORAL ORDER

ORDER IN SPECIAL CIVIL APPLICATION NO. 17276

of 2018:-

1. The present petition is filed by the petitioners for

seeking the following reliefs:

"a. To admit and allow this petition;

b. To direct the respondent authorities to give an opportunity of hearing to the petitioners in the event of any adverse action is likely to be taken against the petitioners of removing them from service;

15(bb). to restrain the respondent authorities from terminating and/or otherwise discontinuing the services of

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the petitioners without conducting inquiry and without affording reasonable opportunity to the petitioners.

c. That in the unlikely event of any adverse orders likely to be passed against the petitioners, to direct the respondents that the same shall not be implemented for a period of four weeks;

d. During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to restrain the respondents implementing any from adverse orders which may be passed or may have been passed for period of four a weeks;

15(dd). Pending the admission and final disposal of this petition, Your Lordships may be pleased to restrain the respondent, their agents and servants from terminating and/ or otherwise discontinuing the services of the petitioners without conducting inquiry and without affording opportunity to the petitioners.

e. Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case."

2. Brief facts as stated in the memo of the petition are as

under:

2.1 It is the case of the petitioners in this petition that the

petitioners were appointed after having passed the written

test conducted by the Panchayat Service Selection Committee

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and were issued appointment orders having passed the

written test. The petitioners have passed SSC Examination

and HSC Examination and have also passed Diploma in

Health Sanitary Inspector's course. The petitioners have been

working since their appointments continuously and

uninterruptedly. The petitioners were asked for certain

information vide notices dated 20.8.2018. The said letters

were replied and copies of the documents sought for in the

said letter were supplied immediately. Along with the said

reply, the petitioners had furnished copies of the orders dated

13-7-2018 and 20-7-2018 passed in Misc. Civil Application No.

1 of 2018 in Special Civil Application No.17102 of 2015. By

the aforesaid order, the Hon'ble Court had directed to initiate

inquiry with regard to certificate of Diploma Courses obtained

by the said petitioners, which is found to be genuine,

necessary consequences shall follow and that the said exercise

shall be completed within a period of three months and till

appropriate decision is taken on inquiry as above and the

same is communicated to original petitioners, the service of

the original petitioner may not be terminated and accordingly,

the said application stood disposed of. It is further the case

of the petitioners in this petition that identically situated

employees working in the District Helath Centre at Morbi,

Rajkot, Bharuch and Amreli have been terminated from their

service without considering their replies. The aggrieved

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employees from the Morbi District Health Centre approached

this Hon'ble Court by way of Special Civil Application

No.18457 of 2018, wherein this Hon'ble Court has been

pleased to issue notice and the same has been kept for

hearing on 30.11.2018. It is further the case of the

petitioners in this petition that the petitioners who are also

identically situated as that of the aforesaid employees,

apprehend that their services may be terminated at any time

without following due procedure of law. Hence, the present

petition has been preferred.

4. Heard Mr. Nikul Soni, learned advocate for the

petitioner, Mr. Manish Patel, learned advocate for the

respondent No.3 and Mr. Henil Shah, learned Assistant

Government Pleader for the respondent - State.

5. At the outset, Mr. Nikul Soni, learned advocate for the

petitioner has submitted that the grievance agitated in the

present petition is as such required to be considered in light

of the judgment dated 20.03.2025 passed by the Division

Bench of this Court in Letters Patent Appeal No. 651 of

2024 and has submitted that similar order can be passed in

the present matter also by considering the facts of the

present case as the issues involved in the present petition is

identical in nature.

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6. Mr. Manish Patel, learned advocate for the respondent

No.3-Panchayat has relied on the judgment dated 08.07.2022

passed in Letters Patent Appeal No. 1411 of 2018 and other

allied matters by the Division Bench of this Court and has

drawn the attention of this Court towards the operative

portion of this order and has submitted that appropriate

order may be passed by granting the prayers accordingly.

7.1 I have considered the submissions made at the bar. I

have also considered the fact that the judgment dated

20.03.2025 passed by the Division Bench of this Court in

Letters Patent Appeal No. 651 of 2024, more particularly,

paragraphs 2 to 5 are relevant, which reads as under;

"2. Learned advocate Mr.Munshaw has vehemently opposed the present appeal and has submitted that the order passed by the learned Single Judge is not required to be interfered with as the same is precisely passed looking to the charges levelled against the appellant. He has submitted that the inquiry is further proceeded and he is issued second show- cause notice also.

3. The present appeal is directed against the order dated 25.04.2024 passed by the learned Single Judge in the captioned writ petition assailing the charge-sheet issued to the appellant on 26.12.2023 inter alia alleging that the

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appellant has procured the employment by producing the certificate issued by the G.S.University, Uttar Pradesh, which is not found to be eligible. The learned Single Judge has rejected the same, which has given rise to the preset appeal. During pendency of the present appeal, it is noticed by us that the departmental proceedings have culminated into Inquiry Officer Report and second show-cause notice is also issued.

4. Under the circumstances, since we have also been apprised that the present appellant is serving since 2017 and continued on the premise of his diploma certificate issued by the G.S. University, we are of the considered opinion that in the interest of justice, the respondents are directed not to implement final order of punishment, if any passed by them in the departmental proceedings for a period of 02 weeks so that the appellant may assail the same by filing appropriate proceedings before the appropriate forum.

5. It is clarified that the rights and contentions of the respective parties are left open in case the appellant chooses to assail punishment order, which is passed against him."

7.2 I have also considered the judgment dated 08.07.2022

passed in Letters Patent Appeal No. 1411 of 2018 and other

allied matters by the Division Bench of this Court, relevant

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portion of this order is as under:

"(i) Letters Patent Appeals and Special Civil Applications stand disposed of.

(ii) As far as Special Civil Application Nos.7118 of 2020, 7364 of 2020, 10471 of 2019, 17283 of 2018 and 20729 of 2018 are concerned, they are hereby allowed and notice of termination issued to writ applicants is ordered to be treated as show cause notice and reply be submitted by the writ applicants and thereafter, same be adjudicated by respective Panchayats in accordance with law.

(iii) Orders passed by the learned Single Judge in setting aside the order of termination are sustained. However, order directing payment of back wages from the date of termination stands modified by directing payment of wages from the date of order of the learned Single and said compliance shall be made within an outer limit of three months from today.

(iv) Respective District Panchayats would be at liberty to initiate fresh proceedings, if deemed fit and if so advised, and pass orders after treating the order of termination as consideration of show cause notice and on the reply, pass orders in accordance with law as observed hereinabove.

(v) We make it clear that we have not expressed any opinion with regard to correctness, authenticity and validity of Diploma Certificates which came to be produced by the respective writ applicants at the time of their employment

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and it is open for the respective District Panchayats to pass orders after considering the reply, if any, that would be submitted by the writ applicants.

(vi) It is also made clear that where no show cause notice has been issued, respective District Panchayats shall issue show cause notice and after considering the reply, if any, submitted by the writ applicants within the period stipulated under show cause, are empowered to pass orders on merits and in accordance with law. However, in respect of those writ applicants to whom show cause notices have been issued but termination order is based on the internal inquiry report, copy of such report shall be furnished to them to enable them to have their say on the said issue.

(vii) Respective writ applicants, who have not yet been reinstated, pursuant to order of the learned Single Judge, shall be reinstated by respective District Panchayats within an outer limit of one month from the date of receipt of copy of this order.

(viii)It is also made clear that writ applicants on being served with show cause notice or report, as the case may be, shall extend full co-operation to the District Panchayats in concluding the inquiry and it is needless to state that in the event of any such writ applicants failing to co-operate in the inquiry, appropriate authority would be at liberty to proceed to adjudicate the same in accordance with law. (ix) Costs made easy.

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(x) Pending applications, if any, stand consigned to records."

7.3 Considering the same, the present petition is disposed of

in view of the observation made in the abovementioned two

judgments. Let the necessary procedure as directed in the

operative portion of the judgment dated 08.07.2022 passed in

Letters Patent Appeal No. 1411 of 2018 and other allied

matters by the Division Bench of this Court be carried and

the respondent may take appropriate decision accordingly. As

directed above, the aforesaid exercise shall be undertaken by

the respondent-authority concerned. Accordingly, the decision

shall be taken and the same shall be done in accordance

with law. However, considering the peculiar facts and

circumstances of the present case, the said decision shall not

be implemented for two weeks, with a view to giving proper

opportunity to the petitioner, in case need arises. Notice

stands discharged. Direct service is permitted.

ORDER IN SPECIAL CIVIL APPLICATION NO. 13745 of

2020:-

1. The present petition is filed by the petitioner for

seeking the following reliefs:

"a. To admit and allow this petition;

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b. To direct the respondents to forthwith regularize the services of the petitioners on completion of 5 years' period of service from their initial date of appointment along with the differential amount of salary and with all consequential benefits with interest accrued thereon at par with the employees who have been given benefit of regular pay and pay fixation and further direct them to place the petitioners in regular pay scale, as is given in the case of other identically situated employees of other districts, as per orders at Annexure-J within stipulated time as may be deemed fit by this Hon'ble Court;

C. To direct the respondents, their agents and/or servants to give uniform treatment to the petitioners as is given to the other identically situated employees of other districts by applying the principle of Equal Pay for Equal Work;

d. Pending admission, hearing and final disposal of this petition, to direct the respondents, to regularize the services of the petitioners on completion of 5 years' period of service from their initial date of appointment along with the differential amount of salary and with all consequential benefits with interest accrued thereon at par with the employees who have been given benefit of regular pay and pay fixation and further direct them to place the petitioners in regular pay scale, as is given in the case of other identically situated employees of other districts, as per orders at Annexure-J within stipulated time as may be deemed fit by this Hon'ble Court;

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e. Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case."

2. In view of the above order passed in Special Civil

Application No. 17276 of 2018, Mr. Nikul Soni, learned

advocate for the petitioner is not pressing this petition at

this stage as the prayers in the present petition can only be

considered after the decision taken by the respondent-

authority as in the aforesaid order passed in Special Civil

Application No. 17276 of 2018.

3. Permission, as prayed for, is granted. This petition is

disposed of as not pressed accordingly. Notice stands

discharged. Interim relief, if any, granted earlier stands

vacated. This Court has not expressed any opinion on the

merits at this stage. Notice stands discharged. Direct service