Koli Vipisingbhai Chhatrasing vs State Of Gujarat on 28 June, 2019

[Cites 2, Cited by 5]

Gujarat High Court

Koli Vipisingbhai Chhatrasing vs State Of Gujarat on 28 June, 2019

Bench: N.V.Anjaria

         C/SCA/11210/2019                                    ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO. 11210 of 2019
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                     KOLI VIPISINGBHAI CHHATRASING
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR. MUKESH T MISHRA(5900) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3
MR JAYNEEL PARIKH, ASST.GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 1
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 CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA

                            Date : 28/06/2019
                             ORAL ORDER

Upon a mention being made and urgency shown to the Court, the present petition was permitted to be circulated by the Court. Accordingly, the petition was placed in the second session by the Registry preparing a separate board. The same was taken up for hearing in presence of learned Assistant Government Pleader who appeared on behalf of the respondent State, upon service of copy of the petition in advance.

1.1 Heard learned advocate Mr.M.T.Mishra for the petitioner. He submits that the petitioner has been facing a serious threat of termination of service and the service of the petitioner, who is working as Page 1 of 3 Downloaded on : Sun Jun 30 01:04:24 IST 2019 C/SCA/11210/2019 ORDER Multipurpose Health Worker is likely to be dispensed with at any time.

2. He further submitted that the case of the present petitioner is similar to the petitioner of Special Civil Application No.10913 of 2019. Learned advocate for the petitioner made a statement that the petitioner is in service as on today. In view of above, the petitioner deserves a similar order which was passed in respect of petitioner of aforementioned Special Civil Application No.10913 of 2019.

3. It was also pointed out that the Division Bench of this Court in Devubha Hetubha Vaghela vs. State of Gujarat, being Letters Patent Appeal No.1183 of 2018 in which the facts are akin to the present controversy, the following order was passed, "1. Heard Mr. T.R. Mishra, learned advocate for the appellants.

2. The Supreme Court by an order dated 10.08.2018 in Special Leave Petition (Civil) Diary No. (s).26261 of 2018 in the case of Hemant Kumar Rosanlal Lodha v. District Panchayat Selection Board and others has observed thus;

"Mr. R. Basant, learned senior counsel appearing for the petitioner, has submitted that in case of Sunrise University, Rajasthan, and other similarly placed Universities, the Page 2 of 3 Downloaded on : Sun Jun 30 01:04:24 IST 2019 C/SCA/11210/2019 ORDER Division Bench has referred the matter to the concerned authorities for inquiry and the same yardstick should have been adopted in the case of Manav Bharti University, Solan, Himachal Pradesh. Having regard to the submission, issue Notice."

3. In view of the above, issue Notice to the respondents, returnable on 24.09.2018. In the meanwhile, the respondents are directed to maintain status quo qua the appellants herein. Direct service is permitted."

4. In view of the above submissions and the aspects emerging, there shall be Notice to the respondents returnable on 12.07.2019.

5. By way of adinterim relief, the respondents are directed to maintain statusquo with regard to the service and service conditions of the petitioner.

Direct service is permitted, today, except for respondent No.3 who is permitted to be served by speed post at the cost of the petitioner.

(N.V.ANJARIA, J) Gaurav+ Page 3 of 3 Downloaded on : Sun Jun 30 01:04:24 IST 2019

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