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Documents citing Urmila D Patel vs State Of Gujarat on 24 November, 2022

Nitinkumar Vithaldas Sagar vs State Of Gujarat on 26 February, 2026

The impugned judgment and the subsequent review order suffer from a fundamental legal infirmity arising from mechanical reliance on the submissions of the Advocate General for the Respondent, without considering or recording the appellant's counter- submissions. Paragraphs of the judgment largely reproduce the AGP's narrative and treat the facts of this case as identical to Urmila D. Patel v. State of Gujarat. However, the Court did not examine whether the facts were truly comparable or verify the appellant's position. In particular, in Urmila D. Patel, Mr. A. D. Patel, the officer was accommodated in a post that did not exist on the date of appointment and given preferential treatment to him in Page 24 of 40 Uploaded by PALAK BRAHMBHATT(HC01391) on Mon Mar 23 2026 Downloaded on : Fri Mar 27 20:37:16 IST 2026 NEUTRAL CITATION C/LPA/197/2026 ORDER DATED: 26/02/2026 undefined posting to the proposed to be upgraded post in AUDA. The Finance Department's strategies to appoint Mr. Patel on the post of Auda, delayed and prevented the appellant from receiving promotion before retirement. This distinction is material, yet the Court did not consider it, resulting in prejudice to the appellant. The judgment ignores the statutory framework, service rules, and the chronology of events. Reliance on the AGP's submissions and mechanical application of the precedent deprived the appellant of lawful promotion and consequential service benefits. As held in law, a precedent can guide reasoning but cannot replace judicial evaluation of the specific facts, submissions, and rights of the parties. Such selective and mechanical adjudication, without recording the appellant's case or considering material distinctions, Page 25 of 40 Uploaded by PALAK BRAHMBHATT(HC01391) on Mon Mar 23 2026 Downloaded on : Fri Mar 27 20:37:16 IST 2026 NEUTRAL CITATION C/LPA/197/2026 ORDER DATED: 26/02/2026 undefined renders the orders non-speaking, arbitrary, and legally unsustainable, warranting interference by this Hon'ble Court under its Letters Patent jurisdiction.
Gujarat High Court Cites 10 - Cited by 0 - B D Karia - Full Document

Nitinkumar Vithaldas Sagar vs State Of Gujarat on 30 September, 2025

6. Considering the direction given in the aforesaid judgment and comparing the facts of the present case, as well as considering the chronology of incident in the present petition, as examined in the aforesaid judgment passed by the Co-ordinate Bench of this Court in the case of Urmila D. Patel (supra), this Court is of the opinion that that does not indicate that there was a gross delay and that such delay was with malafide intention to deprive the petitioner or any other candidates from its legitimate dues and hence, according to the Court, the entire procedure has proceeded in due course and only as an unfortunate co-incident, the age of superannuation of the petitioner fell earlier to culmination of Page 19 of 20 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Tue Sep 30 2025 Downloaded on : Tue Sep 30 23:45:29 IST 2025 NEUTRAL CITATION C/SCA/12755/2014 ORDER DATED: 30/09/2025 undefined such procedure, and therefore, this can only be termed as an unfortunate turn of event, however, the Court does not deem it fit that the case of the petitioner should be considered to have worked on a promotional post on the date of retirement and, therefore, in that view and considering the aforesaid judgment, no case is made out to grant any prayer as prayed for in the present petition.
Gujarat High Court Cites 8 - Cited by 0 - Full Document

Nitinkumar Vithaldas Sagar vs State Of Gujarat on 16 January, 2026

2. After hearing the learned advocates for the respective parties, prima facie, the order which is sought to be reviewed, which was passed by my predecessor on 30.09.2025 in Special Civil Application No.12755 of 2014, cannot be said to be a perverse order which requires interference of this Court while exercising its power of review, inasmuch as, the opening words of the said judgment would indicate that the said order was passed on a broad consensus and considering the submissions of the learned advocates for the respective parties and having placed reliance upon a decision of this Court in Urmila D. Patel vs. State of Gujarat and others - 2023 (1) GLH 622.
Gujarat High Court Cites 1 - Cited by 0 - Full Document
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