C/SCA/6856/2022 ORDER DATED: 24/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6856 of 2022 With R/SPECIAL CIVIL APPLICATION NO. 9063 of 2022 ========================================================== MOINUDDIN ABDULLAH SAIYED & ORS. Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR AMIT M PANCHAL(528) 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, 33,34,35,36,37,38,39,4,40,5,6,7,8,9 MR GURSHARANSINGH VIRK, MS DHARITRI PANCHOLI, ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the Respondent(s) No. 1 LAW OFFICER BRANCH(420) for the Respondent(s) No. 3 MS E.SHAILAJA(2671) for the Respondent(s) No. 3 NOTICE SERVED BY DS for the Respondent(s) No. 1,2 ========================================================== CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 24/11/2025 COMMON ORAL ORDER 1. I have heard Mr. Amit Panchal, learned advocate appearing for the petitioners, Mr. Gursharansingh Virk, learned Government Pleader assisted by Ms. Dharitri Pancholi, learned Assistant Government Pleader appearing for respondent Nos.1 & 2 and learned advocate Ms. E. Shailaja appearing for respondent No.3. 1.1 Pursuant to the orders passed by this Court earlier, the issue was deliberated at the highest level and thereafter, the Respondent-State, through one Mr. Amit Khimjibhai Gohil, Under Secretary, Legal Department, has filed an affidavit dated 20.11.2025, which reads as under; “I, Amit Khimjibhai Gohil, aged 42 years, presently serving as the Under Secretary, Legal Department, Government of C/SCA/6856/2022 ORDER DATED: 24/11/2025 Gujarat, the Respondent No.1 herein, do hereby solemnly and state on oath as under; 1. Earlier, an affidavit dated 24.07.2025 was filed on behalf of the State Government in the present proceedings (page 184). Thereafter, as and by way of Oral Order dated 12.09.2025 this Hon’ble Court was pleased to, inter alia, observe as under; “2. In view of the decision of the Hon’ble Apex Court in case of Union of India & Anr. vs. S.B.Vohra & Ors., reported in 2004 (2) SCC 150, more particularly at para-52 which is quoted hereinbelow for benefit, the State shall endeavour to reconsider entire issue without any reference to the stand taken by them in the affidavit-in-reply. “52. The High Court, however, should not ordinarily issue a writ of or in the nature of mandamus and ought to refer the matter back to the Central/ State Government with suitable directions pointing out the irrelevant factors which are required to be excluded in taking the decision and the relevant factors which are required to be considered therefor. The statutory duties should be allowed to be performed by the statutory authorities at the first instance. In the event, however, the Chief Justice of the High Court and the State are not ad idem, the matter should be C/SCA/6856/2022 ORDER DATED: 24/11/2025 discussed and an effort should be made to arrive at a consensus.” 3. It will be open for the State to reconsider the issue as a special case. Let the decision be taken by the State on or before 10.10.2025. (Emphasis Supplied)” 2. Therefore, vide Oral Order dated 12.09.2025, this Hon’ble Court was pleased to direct the State Government to reconsider the issue as a special case. 3. This issue was reconsidered as a special case; and, the State Government has, as a special case and without treating the same as a precedent, in line with the liberty accorded to this effect by this Hon’ble Court in its oral order dated 12.09.2025, accepted the recommendation dated 03.07.2024 supplied by the Learned Registrar General of this Hon’ble Court to the State Government, in totality. 4. That being the case, it is respectfully submitted that the present Petition would not survive. 5. It is respectfully urged that it may, once again, be clarified that the decision taken by the State Government in the present case has been taken as a special case pursuant to the Oral Order dated 12.09.2025; and is not to be treated as a precedent.” C/SCA/6856/2022 ORDER DATED: 24/11/2025 1.2 From the aforesaid, it clearly transpires that the case of the petitioners has been considered as a special case by the State Government and therefore, as the petitioners’ case is positively considered by the State Government, following directions shall meet the ends of justice; i. In view of the affidavit dated 20.11.2025 tendered by learned Government Pleader on 21.11.2025, more particularly, Paragraph-3 thereof by which the State Government, as a special case and without treating the same as a precedent, in line with the liberty accorded to this effect by oral order dated 12.9.2025 passed by this Court, has accepted the recommendations dated 03.07.2024 supplied by the learned Registrar General of this Court to the State Government in totality, the Respondent No.3 – the Registrar General, High Court of Gujarat is directed to grant the actual benefits conferred upon the petitioners, as per the recommendations dated 3.7.2024 supplied by the learned Registrar General of this Court to the State Government and complete the process of fixation of pay of the petitioners as well as payment of arrears; ii. Aforesaid exercise shall be completed as expeditiously as possible, but, in no case later than 31st December, 2025. iii. It is needless to say that the proposal has been C/SCA/6856/2022 ORDER DATED: 24/11/2025 considered by the State Government as a special case and therefore, the same may not be treated as a precedent. iv. Liberty is reserved in favour of the petitioners to approach this Court in case of necessity; 1.3 Both the petitions stand disposed of, accordingly. 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 24/11/2025 17:45:40