HARIVADAN KALUBHAI SOLANKI THROUGH LH MINAXIBEN HARIVADAN SOLANKI v. STATE OF GUJARAT
SCA/7950/2025 · 2025-07-18
Nikhil S Kariel
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4052 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4052 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C/SCA/7950/2025 ORDER DATED: 18/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 7950 of 2025 ========================================================== HARIVADAN KALUBHAI SOLANKI THROUGH LH MINAXIBEN HARIVADAN SOLANKI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR KR KOSHTI(1092) for the Petitioner(s) No. 1 MS TANUSHREE SHRIMAL, ASST. GOVERNMENT PLEADER for the Respondent(s) No. 1 VIKAS V NAIR(7444) for the Respondent(s) No. 2 ==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 18/07/2025
ORAL ORDER
1. Heard learned advocate Mr.K.R.Koshti appearing on behalf of the petitioner, learned Assistant Government Pleader Ms.Tanushree Shrimal appearing on behalf of respondent – State and learned advocate Mr.Vikas V. Nair appearing on behalf of respondent no.2.
2. By way of this petition, the petitioner has sought for grant of benefits under circular dated 16.07.2019.
3. Learned advocate Mr.Nair, under instruction, would submit that if an opportunity is provided to respondent no.2 to verify the number of hours which the petitioner is working in accordance with the terms of the resolution and in accordance
C/SCA/7950/2025 ORDER DATED: 18/07/2025 with the law laid down by this Court as regards interpretation of circular dated 16.07.2019, probably all the grievances of the petitioner would be assuaged.
4. Learned advocate Mr.Koshti would not have any objection to such a proposition.
5. Hence, the following directions:- (i) The respondent no.2 is directed to verify the number of hours which the petitioner is working as per the circular dated 16.07.2019 in accordance with law. Interpretation thereof is provided by a learned Coordinate Bench of this Court in Special Civil Application No.6852/2020 vide decision dated 19.07.2022 which decision has been confirmed by the Hon’ble Division Bench vide decision dated 11.08.2023 in Letters Patent Appeal No.1019/2023. (ii) Such consideration shall be done by the respondent no.2 within a period of thirty days from the date of receipt of this
order. (iii) In case the petitioner is found eligible, appropriate dues shall be granted to the petitioner from 01.01.2019 within a
C/SCA/7950/2025 ORDER DATED: 18/07/2025 period of thirty days thereof. (iv) In case the consideration is negated, it would be open for the petitioner to assail the said decision before the appropriate forum in accordance with law.
6. With these observations and directions, the present petition stands disposed of.
(NIKHIL S. KARIEL,J) Bhoomi Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 18/07/2025 17:40:56