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2025 DAILYLAW 2543 (GUJ)

DAYABEN BHIMJIBHAI VAGHELA v. COMMISSIONER OF MUNICIPALITIES

SCA/5845/2024 · 2025-05-06

Nirzar S Desai

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Judgment text

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C/SCA/5845/2024 ORDER DATED: 06/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 5845 of 2024 ========================================================== DAYABEN BHIMJIBHAI VAGHELA Versus COMMISSIONER OF MUNICIPALITIES & ORS. ========================================================== Appearance: MS RV ACHARYA(1124) for the Petitioner(s) No. 1 MR DM DEVNANI(5880) for the Respondent(s) No. 3 MR SG UDHWANI, NOTICE SERVED BY DS for the Respondent(s) No. 2,4 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 06/05/2025 ORAL ORDER 1. By way of this petition, the petitioner has prayed for the following reliefs; “8. … A) That this Hon’ble Court be pleased to admit and allow this petition; B) That this Hon’ble Court be pleased to issue any appropriate writ, order or direction regularizing the servcies of the petitioner; C) That this Hon’ble Court be pleased to direct the respondents to comply with the order passed by the learned Single Judge in Special Civil Application No. 3984 of 2004 C/SCA/5845/2024 ORDER DATED: 06/05/2025 by granting consequential benefits as per the award passed by the Hon’ble Labour Court in Reference LCJ No. 1635 of 1990; D) Pending hearing and final disposal of this petition, the Hon’ble Court be pleased to direct the respondents to give the benefits of Pay Scale from 1999 till reinstatement of the petitioner i.e. 27/1/2006; E) That this Hon’ble Court be pleased to pass any other and further orders in the interest of justice; F) Your Lordships be pleased to issue a writ of manamus or any other writ order or direction, directing the respondent authorities to grant the petitioner consequential benefits, of putting her into minimum of pay scale after completion of 5 years and thereafter regularizing the services after completion of 10 years as contained in the GR dated 17.10.1988;” 2. Learned Advocate, Ms. Acharya, under the instructions, submitted that the petitioner shall make a representation to Respondent No.1 through Respondent Nos. 3 and 4 within a period of two weeks from today and Respondent No.1 may be directed to decide the same, at the earliest. 2.1 In view of the above, learned Advocate, Ms. Acharya, under the instructions, submitted that she does not press this C/SCA/5845/2024 ORDER DATED: 06/05/2025 petition on merits, as the petitioner intends to make a representation, as stated herein above. 3. Heard. Considering the submissions made by learned Advocate, Ms. Acharya, the petitioner is permitted to make a representation to Respondent No.1 through Respondent Nos. 3 and 4 within a period of two weeks from today. Once, the petitioner makes a representation, Respondent Nos. 3 and 4 shall forward the same to Respondent No.1 within a period of two weeks, thereafter, who shall decide the same within a period of twelve weeks from the date of receipt thereof. 3.1 In case, if, the representation is decided against the petitioner, then, the Respondent No.1 is directed to pass a reasoned order in accordance with law and to communicate the same to the petitioner by way of R.P.A.D. within the time period stated herein above. 3.2 Permission, as prayed for, is granted. This petition stands disposed of, as withdrawn. Notice is discharged. No order as to costs. (NIRZAR S. DESAI,J) UMESH/- Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 06/05/2025 17:05:23