C/SCA/7210/2025 ORDER DATED: 18/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 7210 of 2025 ========================================================== LATE RANJANBEN MADHUKAR DAVE THROUGH KANDARP SAMEER DAVE Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR DHARMESH V SHAH(1050) for the Petitioner(s) No. 1 MS POOJA M PANCHAL(12720) for the Petitioner(s) No. 1 MS NIRALI SARDA, AGP for the Respondent(s) No. 1,2,3 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 18/07/2025 ORAL ORDER 1. Heard learned Advocate Mr. Dharmesh Shah for the petitioner and learned AGP Ms. Nirali Sarda for the respondent-State. 2. While the present petition is preferred by grandson of the late employee, for grant of benefit of General Provident Fund scheme by transferring the services of the late employee from Contributory Provident Fund to General Provident Fund as per Resolution dated 15.10.1984, for the period during which the late employee was alive post retirement, yet, as submitted by learned AGP Ms. Sarda, it is noticed by this Court that the issues raised in the present petition would require appropriate verification. It also appears that in similar set of petitions, learned Co-ordinate Bench of this Court vide order dated 25.09.2024 in Special Civil Application No. 16083 of 2022 and allied matters, had directed the respondents i.e. Institutions as well as the State to verify. 3. Learned Advocates are ad idem that if such directions are passed, at this stage the grievance of the petitioner could be assuaged. Hence, the following directions are passed. Page 1 of 3 C/SCA/7210/2025 ORDER DATED: 18/07/2025 (I) The petitioner herein is directed to approach the respondent- College wherein the late employee was serving as a full time employee with the relevant documents of his service record/ service details within a period of four weeks from the date of receipt of this order. (II) Upon receipt of all the relevant documents submitted by the petitioner for grant of the benefit of Government Resolution dated 15.10.1984, the respondent-College is directed to forward a proposal to the respondent – Commissioner of Higher Education, State of Gujarat, within six weeks thereafter for processing the said case for grant of the benefit of the Government Resolution dated 15.10.1984. (III) Upon receipt of such proposal from the respondent-College, where the late employee i.e. grandmother of the petitioner was employed, the respondent – Commissioner of Higher Education, in consultation with the Secretary, Education Department and the Secretary, Finance Department, shall take a decision on such proposal within a period of four weeks. While processing such proposal of the writ petitioner, the respondent – Commissioner of Higher Education, Secretary, Education Department and Secretary, Finance Department shall decide the proposal for the grant of benefit of the Government Resolution dated 15.10.1984 in accordance with the Rules and Regulations and the judgment and the orders passed by the Coordinate Bench of this Court, the learned Division Bench of this Court and the Hon’ble Apex Court as referred to in the order dated 25.09.2024 in Special Civil Application No. 16083 of 2022 and allied matters. Page 2 of 3 C/SCA/7210/2025 ORDER DATED: 18/07/2025 (IV) The proposal of the writ petitioner, if is found eligible by the respondents for the grant of benefit under the Government Resolution dated 15.10.1984, the same shall be processed for necessary action and the financial benefits shall be paid to the writ petitioner within a period of six weeks thereafter. (V) In case the respondents deem the late employee as not being entitled to the benefit, then an appropriate speaking order shall be passed and whereas liberty is reserved in favour of the petitioner to question the same before appropriate forum in accordance with law. 4. With the above observations and directions, the present petition stands disposed of as partly allowed. (NIKHIL S. KARIEL,J) BDSONGARA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHUPENDRASINH DHANESINH SONGARA(HC01082), Private Secretary, at High Court of Gujarat on 18/07/2025 19:06:27