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High Court of Gujarat

ALIMAHMED ABDULKARIM PATNIversusSTATE OF GUJARAT

Decided
Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The court directed the petitioners to make a fresh representation and allowed the petition to be withdrawn, disposing of it without adjudicating the merits.

Summary

The petitioners, employees in the bailiff cadre, filed a special civil application seeking to quash district court orders and obtain a higher grade pay and revised pension after nine years of service. They later expressed a desire to make a fresh representation to the respondent department, contending that similarly situated persons had already received the benefits. The High Court directed the petitioners to submit a representation detailing the benefits granted to others and ordered the respondents to decide the representation within three months, issuing a reasoned order if rejected. The court also granted permission to withdraw the petition, emphasizing that it had not examined the merits of the substantive claims. Accordingly, the petition was disposed of as withdrawn.

Issues considered

  • Whether the petitioners are entitled to a higher grade pay and revised pension under the applicable service rules
  • Whether the court can quash the district judge's orders without a merits hearing
  • Whether the petition may be withdrawn after the court directs a fresh representation

Subjects

  • grade pay
  • pension
  • public service
  • writ petition
  • withdrawal of petition
  • administrative law
  • Gujarat High Court

Judgment

     C/SCA/7943/2018                                      ORDER DATED: 11/02/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO.7943 of 2018

=========================================
       ALIMAHMED ABDULKARIM PATNI & ORS.
                     Versus
            STATE OF GUJARAT & ORS.
=========================================
Appearance :
MR ATIT D THAKORE for the Petitioners.
LAW OFFICER BRANCH for the Respondent No.2.
MR CHINTAN N DESAI for the Respondent No.2.
MS DEVANSHI PATEL, AGP for the Respondent Nos.1,3
=========================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                              Date : 11/02/2026
                               ORAL ORDER


1.             By way of this petition, the petitioners have prayed for
the following reliefs :-


              “[A]     This Hon’ble Court may be pleased to issue

              appropriate writ or order or direction, quashing and

              setting aside impugned orders dated 27.1.2016 and

              30.1.2016     passed    by    the    Ld.   District   Judge,

              Junagadh – respondent No.2, - Annexure – A, and be

              pleased to direct the respondents to grant 1 st higher

              grade pay scale in the cadre of the BailiD to the

              petitioners from the date of completion of 9 years of

              service and to reEx and revise pension of the

              petitioners and to grant all consequential beneEts to

              them,



              [B]      Pending the hearing and Enal disposal of the


                                     Page 1 of 3
     C/SCA/7943/2018                                 ORDER DATED: 11/02/2026




              petition, be pleased to direct the respondents to

              initiate the proceedings for grant 1 st higher grade

              pay scale in the cadre of the BailiD to the petitioners

              from the date of completion of 9 years of service and

              to reEx and revise pension of the petitioners and to
              grant all consequential beneEts to them,”



2.             At the outset, learned advocate Mr. Atit D. Thakore
appearing for the petitioners states that the petitioners instead of
pursuing this petition wants to make a fresh representation to the
respondent No.2 as according to the petitioners, in respect of
identically situated persons, beneEt as prayed for by them have
already been granted by respondent No.2.


3.             Learned   AGP     Ms.     Devanshi   Patel    appearing         for
respondent Nos.1 and 3 and learned advocate Mr. Chintan Desai
appearing for respondent No.2 could not object to the aforesaid
request made by learned advocate Mr. Thakore.


4.             Accordingly, if the petitioners make any representation
to the respondent No.2 along with details of the beneEts given to
the identically situated persons which are prayed for in this
petition, the concerned respondents are directed to consider the
representation that the petitioners may make and decide the same
in accordance with law, within a period of three months from the
date of receipt of such representation.


               If the respondents arrive at a conclusion that the
petitioners are also required to be granted beneEts as prayed for,
the same shall be granted to the petitioners within a period of three


                                   Page 2 of 3
           C/SCA/7943/2018                                                              ORDER DATED: 11/02/2026




   months from the date of order that may be passed on the
   representation of the petitioners.


                        In       the        event,          if     the        respondents                 reject         the
   representation, such order of rejection must be passed within a
   period         of     three         months           from         the      date        of     receipt          of     the
   representation by passing a reasoned order and copy thereof may
   be served to each of the petitioners by Speed Post.


   5.                   In view of the above direction, keeping all the rights
   and contentions of the petitioner open, learned advocate Mr. Atit
   Thakore seeks permission to withdraw this petition. Permission as
   prayed for is granted.                              The petition stands disposed of as
   withdrawn. Notice is discharged. It is clariEed that this Court has
   not examined the merits of the case.


                        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 11/02/2026 17:19:51




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