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2026 DAILYLAW 3766 (GUJ)

MINABEN D/O CHANDUBHAI PARMAR AND W/O KANTIBHAI BARAIYA v. STATE OF GUJARAT

SCA/12257/2026 · 2026-09-17

Aniruddha P Mayee

body2026

Judgment text

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C/SCA/12257/2026(GJHC240557902026) ORDER DATED: 17/09/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 12257 of 2026 ========================================================== MINABEN D/O CHANDUBHAI PARMAR AND W/O KANTIBHAI BARAIYA Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR NK MAJMUDAR(430) for the Petitioner(s) No. 1 DR. POOJA K. ASHAR AGP for the Respondent(s) No. 1,2 KAASH K THAKKAR(7332) for the Respondent(s) No. 3,4 ========================================================== CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 17/09/2026 ORAL ORDER 1. Draft amendment is allowed. The learned counsel for the petitioner is also permitted to add the Secretary, Panchayat, Rural Housing & Rural Development Department as party respondent No.6. Amendment be carried out forthwith. 2. By the present Writ Petition, the petitioner is praying for the following reliefs :- “A. Be pleased to admit this petition; B. Be pleased to issue appropriate writ, order or direction directing the concerned respondent authorities to treat the services of the petitioner as regular and continuous from the initial date of appointment and to extend all consequential benefits including seniority, pay fixation, arrears and other consequential benefits. C. Be pleased to quash and set aside the action of the respondent authorities in not extending to the petitioner the benefit of the judgment dated 19/10/2022 passed in Special Civil Application No.15536 of 2022 (Annexure-C) as affirmed by order dated 23/04/2024 in Letters Patent Appeal No.1401 of 2023 (Annexure-E). D. Be pleased to pass such orders as thought fit in the interest C/SCA/12257/2026(GJHC240557902026) ORDER DATED: 17/09/2026 of justice.” 3. It is submitted by the learned counsel for the petitioner that the Coordinate Bench of this Court, vide order dated 13.07.2026 passed in Special Civil Application No.8065 of 2026 and other connected matters, has accepted the workable mechanism, which was jointly suggested by the stakeholders including the respondents herein to examine the case of the health workers working in various District Panchayats. 4. The learned AGP submits that the said mechanism, which was jointly suggested and acceptable to the petitioner, has now been converted into the order passed by the Coordinate Bench of this Court and the petitioner being the similarly situated health worker, she would be covered by the observations in the said order. 5. Considering the submissions, the present Writ Petition is disposed of with a direction to the petitioner to approach the respondent No.3 Ahmedabad District Panchayat through the respondent No.5 Taluka Health Officer, Daskroi by furnishing all requisite particulars in the form of a checklist to facilitate verification of her claim within 15 days from today. Upon receipt of such requisite details from the petitioner herein, the respondent No.5 shall verify the particulars so provided and the respondent Nos.3 and 4 shall forward its proposal/recommendation along with relevant documents to the Panchayat Department within three months from the date of receipt of such particulars from the petitioner. Upon receipt of such proposal/recommendation, the respondent No.6 Panchayat Department shall examine the claim and extend the benefit to the petitioner, whose claim is found to be C/SCA/12257/2026(GJHC240557902026) ORDER DATED: 17/09/2026 covered by the judgment and order dated 14.03.2024 passed in Letters Patent Appeal No.102 of 2024 and other connected appeals. If the respondent No.6, upon examination of particulars furnished, comes to a conclusion that the case of the petitioner is distinguishable from the facts considered in the Special Civil Application No.2213 of 2024 and other connected matters, it shall be open for the State Government to take an appropriate decision in accordance with law. In any case, the competent authority shall pass a reasoned order on the proposal so submitted by the respondent No.3 Ahmedabad District Panchayat. The entire exercise shall be completed within a period of four months from the date of receipt of proposal/recommendation from the respondent No.3 Ahmedabad District Panchayat. 6. With the aforesaid direction, the present Special Civil Application stands disposed of. 7. It is clarified that this Court has not gone into the merits of the case and no opinion is expressed thereon. The case of the petitioner shall be decided on its own merits and in accordance with the judgment of this Court as mentioned herein above. Direct service is permitted. (ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: KAUSHIKKUMAR DINESHCHANDRA CHAUHAN(HC00197), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 18/09/2026 10:41:55