Gujarat High Court
Shwetang Pandya vs Institute For Plasma Research (Ipr) on 8 May, 2025
NEUTRAL CITATION
C/SCA/6120/2019 JUDGMENT DATED: 08/05/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6120 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE D.N.RAY
==========================================================
Approved for Reporting Yes No
==========================================================
SHWETANG PANDYA
Versus
INSTITUTE FOR PLASMA RESEARCH (IPR) & ORS.
==========================================================
Appearance:
JWALIT B SONEJI(7895) for the Petitioner(s) No. 1
MR DG SHUKLA(1998) for the Respondent(s) No. 1,2,3
MR HARSHEEL D SHUKLA(6158) for the Respondent(s) No. 1,2,3
==========================================================
CORAM:HONOURABLE MR.JUSTICE D.N.RAY
Date : 08/05/2025
ORAL JUDGMENT
1. The petitioner has filed the present petition under Article 226 of the Constitution of India praying for the following reliefs:-
(A) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents herein to modify the APAR grading as per the petitioners request in the representation document dtd.
August 20, 2018, and quash and set aside the Order/Note dtd. August 31, 2018, from the CAO refusing to Page 1 of 4 Uploaded by VARSHA DESAI(HC01393) on Fri May 09 2025 Downloaded on : Sat May 10 17:52:16 IST 2025 NEUTRAL CITATION C/SCA/6120/2019 JUDGMENT DATED: 08/05/2025 undefined modify the APAR grades.
(B) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents herein to decide appeal dt. September 28, 2018 filed by petitioner before the Chairman, IPR Governing Council within stipulated time.
(C) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents herein to grant promotion to the petitioner herein to the post of Scientific Officer - F from the current post of Scientific Officer - E,considering the reevaluated APAR gradings and in accordance to the repositioning awarded to his seniors. The repositioning is expected from no later than July 2015, considering the outstanding contribution and consistent performance of the petitioner. The promotion should be awarded along with all the consequential monetary benefits including the difference in the basic pay, the difference in all the applicable allowances, the difference in the special pay, the difference in the performance allowance, the difference in LTC etc. The monetary benefits should be paid along with a 24% interest on the calculated differences.
(D) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents herein to direct petitioner to decide a representation to the respondents on October 12, 2017.
(E) Any other and further reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.
2. Learned advocate Mr. Jwalit Soneji appearing for the Petitioner Page 2 of 4 Uploaded by VARSHA DESAI(HC01393) on Fri May 09 2025 Downloaded on : Sat May 10 17:52:16 IST 2025 NEUTRAL CITATION C/SCA/6120/2019 JUDGMENT DATED: 08/05/2025 undefined very fairly submits that the present petition has been held not to be maintainable by the direct decision of the Coordinate Bench of this Court which has also been confirmed by the Hon'ble Division Bench.
3. Learned advocate Ms. Meshva Bhatt on behalf of learned learned advocate Mr. D. G. Shukla on behalf of the respondent no. 1 - Institute has produced a compilation of judgements, which are as under:-
(1) in the case of Tekraj Vasandi Alia, K. L. Basandhi V/s. Union of India reported in 1998 (1) SCC 236 (2) in the case of Chander Mohan Khanan V/s.
National Council of Education Research and Training reported in 1991 (4) SCC 578 (3) in the case of (Dr.) C. A. Shah V/s. Gujarat Cancer & Research Institute reported in 1992 (2) GLH 38 (Division Bench) (4) in the case of Army Welfare Education Society New Delhi V/s. Sunil Kumar Sharma reported in 2024 (4) GLH 761 (Supreme Court) (5) in the case of Himanshu Dineshchandra Parekh V/ s. Institute of Plasma Research & Ors. In Special Page 3 of 4 Uploaded by VARSHA DESAI(HC01393) on Fri May 09 2025 Downloaded on : Sat May 10 17:52:16 IST 2025 NEUTRAL CITATION C/SCA/6120/2019 JUDGMENT DATED: 08/05/2025 undefined Civil Application No. 4530 of 2016 (Gujarat High Court Order dated 08.08.2024) (6) in case of Himanshu Dineshchandra Parekh V/s.
Institute of Plasma Research & Ors. in Letters Patent Appeal No. 1366 of 2044 (Division Bench, Gujarat High Court Order dated 04.04.2025)
4. On perusal of the decisions, particularly of this Court in Special Civil Application No. 4530 of 2016 (order dated 08.08.2024) and recent decision in the Letters Patent Appeal No. 1366 of 2044 (order dated 04.04.2025) which has confirmed the order of the learned Single Judge, this petition is not maintainable as the respondent no. 1 has been held not be to a State within the meaning of Article 12 of the Constitution of India. Hence, the present petition is dismissed. Rule is discharged. No order as to costs.
(D.N.RAY,J) VARSHA DESAI Page 4 of 4 Uploaded by VARSHA DESAI(HC01393) on Fri May 09 2025 Downloaded on : Sat May 10 17:52:16 IST 2025