Extracted from the PDF above. The PDF is authoritative.
C/SCA/8659/2025 ORDER DATED: 12/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 8659 of 2025 ======================================================== KETANKUMAR JAYANTILAL PATEL & ORS. Versus STATE OF GUJARAT & ORS. ======================================================== Appearance: MS ASHLESHA M PATEL(6127) for the Petitioner(s) No. 1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,33,34,35,36,37, 38,39,4,5,6,7,8,9 MR NISARG DESAI FOR M/S GANDHI LAW ASSOCIATES(12275) for the Respondent(s) No. 2,3 MS TANUSHREE SHRIMAL ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1 ========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 12/08/2025
ORAL ORDER
1. Learned Advocate Ms. Ashlesha Patel seeks permission to amend the cause title more particularly for joining the State of Gujarat through the Irrigation Department which according to learned Advocate is the parent department of respondents no. 2 and 3. Considering the submissions the request is granted. Appropriate amendment to be carried out forthwith. The State though the said department shall be joined as respondents no. 4. 2. Heard learned Advocate Ms. Ashlesha Patel on behalf of the petitioners, learned Assistant Government Pleader Ms. Tanushree Shrimal on behalf of respondents nos. 1 and 4 and learned Advocate Mr. Nisarg Desai for M/s Gandhi Law Associates on behalf of respondents no. 2 and
3. Page 1 of 5
C/SCA/8659/2025 ORDER DATED: 12/08/2025
3. By way of this petition the petitioners have sought for the following prayers:
“12. A. Your Lordships be pleased to issue an order, writ in the nature of mandamus and/or certiorari or any other appropriate writ/order of direction declaring the impugned action of respondents in not revising the salary of the petitioners from year 2020 as such benefits of revision of salary has been given to the similarly situated employees time to time ( Annexure C and D) who have not approached this Hon’ble Court for regularization which is illegal, unjust, arbitrary and violation of Article 14 and 16 of the Constitution of India. B. Your Lordships be pleased to direct respondents to give similar treatment as directed by this Hon’ble Court in SCA/ 19916/2019 and allied matters ( Annexure E) vide order dated 23.04.2025 as they are similarly situated employees of present petitioners in the interest of justice. C. By pleased to pass any other further order as may be deemed fit, just and proper in facts and circumstances of the case and in the interest fo justice.”
4.
It is the case of the petitioners that the petitioners, though having worked with the respondent- Board since last many years, their salaries have not been revised since the year 2020 and whereas attention of this Court is specifically drawn to an order dated 23.04.2025 passed in Special Civil Application No. 19916 of 2019 by a learned Co-ordinate Bench more
C/SCA/8659/2025 ORDER DATED: 12/08/2025 particularly whereby in an identical situation, the learned Counsel appearing for the respondent -Board, had consented to the order being passed. 5. Learned Advocate Mr. Desai would submit that while an affidavit-in- reply is filed yet, to a pointed query it is submitted that the order in question i.e. order dated 23.04.2025, has neither been challenged nor there is any contention that consent had not been given by the Board to the learned Advocate appearing on their behalf. Considering such a situation since it would appear that order dated 23.04.2025 was in relation to a group of petition where similar reliefs were prayed for, to this Court it would appear that the reliefs as having been granted by learned Co-ordinate Bench, also requires to be granted in favour of the present petitioners. 6. Having regard to such observations, the directions as passed in order dated 23.04.2025 are passed herein-below: [1] The petitioners shall within a period of two weeks from today execute a contract in the form as may be provided by the respondents which will be similar to that of the employee who have executed such contract and are being paid the monthly pay. [2] The respondents on execution of such contract shall start paying the monthly fixed pay to the petitioners as being paid to the other employees who have executed the contract and who have not approached to this Court. [3] The above arrangement is without prejudice to the rights and
contentions that may be taken by the respective sides and the issue of arrears shall also be considered at the time when the following Special
C/SCA/8659/2025 ORDER DATED: 12/08/2025 Civil Applications are heard: (1) Special Civil Application No.10855 of 2015 (2) Special Civil Application No.10856 of 2015 (3) Special Civil Application No.10857 of 2015 (4) Special Civil Application No.10858 of 2015 (5) Special Civil Application No.10859 of 2015 (6) Special Civil Application No.10860 of 2015 (7) Special Civil Application No.10861 of 2015 (8) Special Civil Application No.10862 of 2015 (9) Special Civil Application No.13989 of 2015 (10) Special Civil Application No.13990 of 2015 (11) Special Civil Application No.13991 of 2015 (12) Special Civil Application No.16587 of 2015 (13) Special Civil Application No.17061 of 2015 (14) Special Civil Application No.17064 of 2015 (15) Special Civil Application No.17068 of 2015 (16) Special Civil Application No.17069 of 2015 (17) Special Civil Application No.17070 of 2015 (18) Special Civil Application No.17072 of 2015 (19) Special Civil Application No.7290 of 2016 (20) Special Civil Application No.7294 of 2016 (21) Special Civil Application No.7298 of 2016 (22) Special Civil Application No.7299 of 2016 (23) Special Civil Application No.7300 of 2016 (24) Special Civil Application No.7301 of 2016 (25) Special Civil Application No.7302 of 2016 (26) Special Civil Application No.7303 of 2016 (27) Special Civil Application No. 7308 of 2016 (28) Special Civil Application No.5334 of 2016
C/SCA/8659/2025 ORDER DATED: 12/08/2025 (29) Special Civil Application No. 5864 of 2020 (30) Special Civil Application No.8164 of 2020 (31) Special Civil Application No.8807 of 2020 (32) Special Civil Application No.9432 of 2021 (33) Special Civil Application No.8308 of 2022 (34) Special Civil Application No.24389 of 2022 (35) Special Civil Application No.12900 of 2023
7. With the above directions,the petition stands disposed of as allowed. Direct service is permitted.
(NIKHIL S. KARIEL,J) NIRU Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: NIRU ROSHAN SHAH(HC00211), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 18/08/2025 14:00:56