C/SCA/12230/2024 ORDER DATED: 02/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 12230 of 2024 ========================================================== DR. ARJUNBHAI D. GARASIYA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR JEET J BHATT(6154) for the Petitioner(s) No. 1 MS. TANUSHREE SHRIMAL, ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 02/05/2025 ORAL ORDER 1. Heard learned advocate Mr. Jeet Bhatt for the petitioner and learned Assistant Government Pleader Ms. Tanushree Shrimal for the respondent – State. 2. By way of this petition, the petitioner has prayed for the following reliefs:- (A) Your Lordship may be pleased to admit this petition. (B) Your Lordship may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction holding a the action of the respondent authorities in not considering the case of the petitioners for joining the earlier service for purpose of pay, leave and pension as being C/SCA/12230/2024 ORDER DATED: 02/05/2025 arbitrary, illegal and violative of Articles 14 and 16 of the Constitution of India and therefore direct the respondent authorities to consider the case of the petitioner for the joining the earlier service from 09.02.1979 to 30.06.1983 in light of Govt Resolution dt. 27.09.2001 and to grant all the benefits with regards to pay, leave and pension accordingly; (C) Your Lordship may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent authorities to consider the representation dated 15.02.2024 made by the petitioner and to consider the case of the petitioner in light of the Govt. Resolution dated 27.09.2001; (D) Pending admission, hearing and final disposal of the present petition, Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent authorities to consider representation dated 15.02.2024 made by the petitioner and to consider the case of the petitioner in light of the Govt. Resolution dated 27.09.2001 and to grant all the consequential benefits accordingly; (E) Be pleased to pass such other and further orders as may be deemed fit and proper. 3. At the outset, learned advocate Mr. Bhatt, under instructions, states that if the petitioner’s case is considered by the Court only for the purpose of prayer made in the paragraph no. 24 (C) directs the respondents to consider the representation dated 15.02.2024 in light of Government Resolution dated 27.09.2001, at this juncture, the petitioner’s grievance would be redressed to some extent and all the rights and contentions of the petitioner C/SCA/12230/2024 ORDER DATED: 02/05/2025 may be kept open, in case, if the representation is not decided favourably. 4. In view of above, the respondent authorities and more particularly, the respondent no. 1 is directed to consider the representation dated 15.02.2024 made by the petitioner in light of the Government Resolution dated 27.09.2001 and to pass a reasoned order on the same as early as possible preferably before 30.06.2025, considering the fact that the age of the petitioner is more than 80 years. Further the respondents are directed that in case, if the representation made by the petitioner is rejected, in that case, the respondents are directed to pass a reasoned order and to serve the copy of the order upon the petitioner by way of R.P.Ad. 5. With the aforesaid direction, without entering into the merits of the matter, the present petition is disposed of. Notice is discharged. Direct service is permitted. (NIRZAR S. DESAI,J) VARSHA DESAI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: VARSHABEN VAGHAJIBHAI DESAI(HC01393), PRIVATE SECRETARY, at High Court of Gujarat on 02/05/2025 16:01:29