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High Court of Gujarat

JITUBHAI RAMSANGJI JADEJAversusSTATE OF GUJARAT

Disposal
35-ANY OTHER MODE @ ADM.STAGE

Holding

The Court directed respondent No. 3 to consider the proposal dated 24 July 2026 within three months and disposed of the petition.

Summary

The petitioner, Jitubhai Ram­sangji Jadeja, filed a Special Civil Application under Article 226 of the Constitution seeking a writ of mandamus directing the State of Gujarat and other respondents to examine his case in accordance with the Supreme Court’s decision in Workmen of American Express vs Management of American Express and to grant him specific service benefits, including 240 days of work without artificial breaks. The respondents contended that a proposal concerning the petitioner’s service conditions had already been forwarded by the Deputy Conservator of Forests, Jamnagar, on 24 July 2026 to respondent No. 3. The petitioner did not press the petition further but requested the Court to order respondent No. 3 to consider the proposal within a stipulated time. The Court found the request reasonable and exercised its supervisory jurisdiction under Article 226. It directed respondent No. 3 to consider the proposal within three months of receipt of the order. Consequently, the petition was disposed of with the said direction.

Issues considered

  • Whether the High Court can issue a writ of mandamus directing the State to examine the petitioner’s case in light of the Supreme Court precedent.
  • Whether the petitioner is entitled to the service benefits claimed under the cited Supreme Court judgment.
  • Whether the Court should direct the respondent to consider the already‑sent proposal within a specific time‑frame.

Subjects

Article 226mandamusservice conditionsgovernment employmentpetition disposaldirection to consider proposalGujarat

Judgment

      C/SCA/10074/2026                                 ORDER DATED: 07/08/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 10074 of 2026

==========================================================
                         JITUBHAI RAMSANGJI JADEJA
                                    Versus
                          STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR KRUNAL D PANDYA(9252) for the Petitioner(s) No. 1
MS NAMRATA BHATT, AGP for the Respondent(s) No. 1,2,3,4,5
==========================================================

  CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                           Date : 07/08/2026

                               ORAL ORDER

1.              By way of this petition under Article
226 of the Constitution of India, the petitioner
has      approached        this    Court        with     the      following
reliefs:

                “A) THIS HONOURABLE COURT may be
                pleased   to admit and allow this
                petition;

                B)   THIS   HONOURABLE   COURT  may  be
                pleased to issue a writ of mandamus or
                any appropriate writ, order or direct,
                the respondent authorities to examine
                the case of the petitioner within
                stipulated period in light of judgment
                passed by the Apex court in case of
                Workmen Of American Express ... vs
                Management Of American Express ...
                (AIR   1986    SC   458,   1985)..  and
                immediately grant all benefits of the


                                  Page 1 of 3
     C/SCA/10074/2026                                        ORDER DATED: 07/08/2026




               GR       dt       17-10-1988     and
               15/09/2014 ,6/04/2016 and including
               Sunday Leave, and count the days
               properly and An act upon reply vide
               communication       dated     30-09-
               2025(Annexure-I);

               C) PENDING PETITION THIS HONOURABLE
               COURT may be pleased to direct the
               respondent authorities to not the
               change the service condition of the
               Petitioner and provide work for 240
               days without any artificial break
               during the year;

               D) YOUR    LORDSHIPS  be   pleased  to
               direct the office of the respondent to
               act upon communication dated 30/9/2025
               at Annexure-I;

               E) YOUR LORDSHIPS be pleased to grant
               such other and further reliefs as are
               deemed   fit,  in  the   interest  of
               justice;”

2.             At           the    outset,            learned           Assistant
Government              Pleader       Ms.Namrata          Bhatt           for          the
respondent              –     State        has       submitted          that           the
necessary proposal has already been sent by the
Deputy        Conservator             of     Forests,          Jamnagar           vide
letter dated 24th July, 2026 to the respondent
No.3.

3.             Since         the      proposal         has       already          been
sent, at this stage, Learned Advocate for the
petitioner,             does       not     press       the       petition              any



                                       Page 2 of 3
     C/SCA/10074/2026                                                          ORDER DATED: 07/08/2026




further. However, requested this Court to direct
the respondent No.3 to consider the said proposal
in some stipulated time limit.

4.                Request               appears              to        be       reasonable                   and
thereby acceded to.

5.                Petition stands disposed of accordingly.
Respondent No.3 is hereby directed to consider
the proposal dated 24th July, 2026 within a period
of three months from the date of receipt of copy
of this order.

                  Direct service is permitted.


                                                                         (NIRAL R. MEHTA,J)
ANUP
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUP VYOMESH PARIKH(HC00956), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 07/08/2026 18:01:44




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