High Court of Gujarat
RAMESHKUMAR VALJIBHAI BAROTversusSTATE OF GUJARAT
- Decided
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The Court did not decide the substantive claim but directed the petitioners to file fresh representations and the respondents to decide them within six weeks, indicating that similar‑situated employees may be granted the same benefits.
Summary
The petitioners, Rameshkum... Barot & Ors., filed a special civil application seeking a directive that the State of Gujarat decide their representations dated 25 September 2025 and 25 October 2025 and extend to them the benefits granted to similarly situated employees in the 29 June 2018 judgment of Letters Patent Appeal No.380/2016. The petitioners argued that the earlier decision covered their grievance and that the respondents should act within a stipulated time. The Court, finding the petitioners' request reasonable, ordered them to file fresh representations within two weeks, and directed the respondents to consider and decide those representations within six weeks. The Court further directed that, if the petitioners are found to be similarly situated, the benefits enjoyed by the employees in the 2018 case should be extended to them within six weeks of the decision. The order disposes of the petition without reaching the merits, leaving the petitioners free to approach a higher forum if aggrieved by the respondents' decision.
Issues considered
- Whether the petitioners are similarly situated to the employees in Letters Patent Appeal No.380/2016 and thus entitled to the same benefits.
- Whether the respondents are obligated to decide the petitioners' representations within a specific time frame.
Subjects
- representation
- benefits
- similar situational employees
- procedural direction
- high court order
- letters patent appeal
- Gujarat
- civil application
Judgment
C/SCA/1273/2026 ORDER DATED: 05/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO.1273 of 2026
==========================================================
RAMESHKUMAR VALJIBHAI BAROT & ORS.
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance :
MR HB SINGH for the Petitioners.
MR AAKASH GUPTA, AGP for the Respondents.
=========================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 05/02/2026
ORAL ORDER
1. By way of this petition, the petitioner has prayed for
multi-fold reliefs. However, learned advocate Mr. Singh appearing
for the petitioners, upon instructions, states that at this juncture,
keeping all the rights and contentions of the petitioners open, the
petitioners are pressing only for prayer made in paragraph 7 (D)
which reads as under :-
"[D] Be pleased to direct the respondent
authorities to decide the representation dated
25.09.2025 as well as 25.10.2025 made by the
petitioners to the respondent authorities within
stipulated time and extend the bene7t as have
been grants to other similarly situated
employees in accordance with judgment dated
29.06.2018 in Letters Patent Appeals No.380 of
2016 and allied matters as Annexure-B."
2. Learned advocate Mr. Singh would submit that the case
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C/SCA/1273/2026 ORDER DATED: 05/02/2026
of the present petitioners being squarely covered by decision of
Hon’ble Division Bench of this Court rendered in Letters Patent
Appeal No.380/2016 and allied matters dated 29.06.2018, the
grievance raised by the present petitioners at this stage could be
assuaged if representations which would be preferred by the
petitioners relying upon the said judgment may be directed to be
decided by the respondents within a speci7c period of time.
3. Considering the submission made by learned advocate
Mr. Singh, since the same appears to be reasonable, the following
directions are passed :-
"(i) The petitioners, in addition to the
representations already preferred dated
25.09.2025 and 25.10.2025, shall prefer fresh
representations pointing out how their case is
similar to the case of the workmen in Letters
Patent Appeal No.380/2016 and allied matters
and whereas, such representation shall be
preferred by the petitioners within a period of
two weeks from today.
(ii) Upon such representations being received
by the respondents, the same shall be
considered and decided by them within a period
of six weeks thereafter, more particularly taking
into account the communication of the
respondent herein, whereby the proposals in
case of the present petitioners are stated to be
pending.
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C/SCA/1273/2026 ORDER DATED: 05/02/2026
(iii) It is directed that if the petitioner is
similarly situated to the employees in Letters
Patent Appeal No.380/2016, then the bene7ts
as made available to the said employees may be
passed on to the present petitioners as
expeditiously, but not later than six weeks from
the date of decision as per 3(ii), as above.
(iv) In case the present petitioners are
aggrieved by the decision of the respondents,
then it would be open for the petitioner to
question the same before appropriate forum in
accordance with law."
4. With the above observations and directions, the present
petition stands disposed of. Needless to clarify that this Court has
not entered into the merits of the matter. Direct service is
permitted.
(NIRZAR S. DESAI,J)
SAVARIYA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 05/02/2026 17:10:39
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