[Cites 1, Cited by 0]
Gujarat High Court
Parmar Ganpatkumar Khachrabhai vs State Of Gujarat on 17 April, 2026
NEUTRAL CITATION
C/SCA/1073/2021 ORDER DATED: 17/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1073 of 2021
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PARMAR GANPATKUMAR KHACHRABHAI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR MAULIK N SHAH(5280) for the Petitioner(s) No. 1
MR RASHESH A RINDANI(5380) for the Petitioner(s) No. 1
MR. SIDDHARTH RAMI, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1
MR MANISH J PATEL(2131) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 17/04/2026
ORAL ORDER
[1] Heard Mr. Rashesh A. Rindani, learned advocate for the
petitioner, Mr. Siddharth Rami, learned AGP for respondent
No.1 as also Mr. Manish J. Patel, learned advocate for
respondent No.2.
[2] The present writ petition is filed under Article 226 of the
Constitution of India, seeking the following reliefs:-
"A. YOUR LORDSHIP may be pleased to hold and declare that the petitioner
is entitle to benefit of the judgment of this Hon'ble Court dated 21.12.2018
passed in Special Civil Application No.7462 of 2012, confirmed in LPA
No.1155 of 2019 in order dated 09.05.2019.
B. YOUR LORDSHIP may be pleased to direct the authority and more
particularly respondent no. 2 to grant benefits of the judgment of this Hon'ble
Court dated 21.12.2018 passed in Special Civil Application No. 7462 of 2012,
confirmed in LPA No. 1155 of 2019 in order dated 09.05.2019.
NEUTRAL CITATION
C/SCA/1073/2021 ORDER DATED: 17/04/2026
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C. During the pendency of hearing of present application this Hon'ble Court
may be pleased to direct respondent no. 2 immediately start payment w.e.f.
February 2020 and not to change service condition of the petitioner till final
disposal of the matter.
D. YOUR LORDSHIP may be pleased to grant such other and further relief as
may be deemed fit and proper in the interest of justice."
[3] At the outset, Mr. Manish Patel, learned advocate for
respondent No.2 would state, under the instructions of his
client, that petitioner was not in service from 2019 and prior
thereto, for period between 2016 and 2019, he was engaged
through an agency, namely Rajdeep Enterprise, and he was
paid as per the minimum wage.
[4] Per contra, Mr. Rashesh Rindani, learned advocate for
the petitioner would submit that, at present what is the status
of the petitioner is not known to him as he is not in contact
with the petitioner. Nonetheless, Mr. Rindani, learned
advocate would only submit to this Court that if the petitioner
is entitled to receive any benefits as per the decision of this
Court dated 09.05.2019 in LPA No.1155 of 2019 and
thereafter Government Resolution passed in compliance of the
said decision, the same shall be granted in favour of the
petitioner.
[5] Considering the aforesaid facts and circumstances and
as it is not merely come on record that what is the position of
the petitioner subsequent to his discontinuation from service
since 2019, at this stage, without further delving into the
issue, it is open for the petitioner to make suitable
representation to the respondent - authority and upon receipt
of such representation, the same shall be considered by the
NEUTRAL CITATION
C/SCA/1073/2021 ORDER DATED: 17/04/2026
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respondent in light of the aforesaid decision as well as the
prevailing policy of the State.
[6] Such exercise shall be undertaken by the respondent -
authority within four weeks from the date of receipt of copy of
representation. It goes without saying that, in a case where
any adverse order will be passed by the respondent, it is
always open for the petitioner to challenge the same before
the Court of law, in accordance with law.
[7] With the aforesaid observations and directions, the
present writ petition is disposed of. Notice stands discharged.
(MAULIK J.SHELAT,J)
Lalji Desai
