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Gujarat High Court
Association Of Retired-Judicial ... vs State Of Gujarat on 28 April, 2026
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/11749/2023 ORDER DATED: 28/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11749 of 2023
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ASSOCIATION OF RETIRED-JUDICIAL CLASS-III EMPLOYEE &
ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR SP KOTIA(5687) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,2
6,27,28,29,3,30,31,32,33,34,35,36,37,4,5,6,7,8,9
MR PARTH PATEL ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2
LAW OFFICER BRANCH(420) for the Respondent(s) No. 3,4
VIKAS V NAIR(7444) for the Respondent(s) No. 3,4
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 28/04/2026
ORAL ORDER
1. Heard learned advocate Mr. S. P. Kotia appearing
for the petitioners, learned Assistant
Government Pleader Mr. Parth Patel appearing for
the respondent Nos. 1 and 2 and learned Senior
Advocate Mr. G. M. Joshi with learned advocate
Mr. Vikas V. Nair appearing for the respondent
Nos.3 and 4.
2. With the consent of learned advocates appearing
NEUTRAL CITATION
C/SCA/11749/2023 ORDER DATED: 28/04/2026
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for the respective parties, the matter was taken
up for final hearing. Hence, RULE. Learned
advocates waives service of rule on behalf of
the respective respondents.
3. Today, when the matter was called out, learned
advocates appearing for the petitioners, in one
voice, stated before this Court that, in view of
the further developments and upon instructions
from their respective clients, the petitioners
seek that these petitions themselves be treated
as representations, which the respondents may be
directed to consider within a time-bound
schedule, and that, in case the petitioners'
representations in the form of these petitions
are not considered positively, they may be
permitted to revive these petitions, and the
petitioners shall not be placed in any
disadvantageous position if the respondents are
ready and willing to reconsider their respective
decisions and take a fresh decision in view of
the averments made in these petitions.
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C/SCA/11749/2023 ORDER DATED: 28/04/2026
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4. Learned Senior Advocate Mr. G. M. Joshi, under
instructions, states that the Court
Administration is always open, ready, and
willing to reconsider the issue agitated by the
petitioners, and the respondent has no
objections to such reconsideration, provided
that, if the decision goes against the
petitioners, they are allowed to revive these
petitions by filing a simple note.
5. Learned Senior Advocate Mr. G. M. Joshi left it
to the Court to determine the time frame within
which the respondent Court Administration shall
decide the representations of each of the
petitioners in the form of the petitions
preferred by them.
6. In view of the above broad consensus arrived at
between the parties, and without entering into
the merits of the matter, the following
directions are issued:
(i) Each of these petitions shall be
NEUTRAL CITATION
C/SCA/11749/2023 ORDER DATED: 28/04/2026
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treated as a representation, and the
respondents, i.e., the respective Registrar or
Court Administration, are directed to consider
each petition independently and pass a separate
order in respect of each petitioner within a
period of four months from today, but in any
case not later than 31.08.2026.
(ii) If a representation is rejected, the
respondents are directed to pass a reasoned
order stating the reasons for not accepting the
version of the petitioners in the form of these
petitions. However, if the petitioners'
representation is accepted, the respondents are
directed to pass an appropriate order granting
benefits to the present petitioners within a
period of three months, and the payment on the
basis of such orders shall be made within a
period of three months thereafter.
(iii) In case any of the representations in
the form of these petitions is not considered
positively, it shall be open to the present
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C/SCA/11749/2023 ORDER DATED: 28/04/2026
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petitioners to file a simple note for revival of
the petition.
(iv) During the interregnum period, or while
passing the final order, the respondents are
directed not to place the petitioners in any
disadvantageous position in terms of monetary
benefits already availed by them.
(v) The aforesaid order is passed based on
the broad consensus arrived at between the
parties and without entering into the merits of
the matter. However, in case any petitioner is
required to file a note for revival of the
petition, all the rights and contentions of the
parties are kept open.
(vi) Each of the petitioners is also
directed to file a summary, not exceeding four
pages, along with each of the petitions, to be
submitted latest by 08.05.2026 to the Registry
of this Court.
7. With the above directions, all these
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C/SCA/11749/2023 ORDER DATED: 28/04/2026
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petitions are disposed of. Rule made absolute to
the aforesaid extent only. In view of the
disposal of the main matter, the connected civil
applications, if any, also stand disposed of.
(NIRZAR S. DESAI,J)
Pallavi
