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CDJ 2026 GHC 450 print Preview print Next print
Court : In the High Court of Gujarat at Ahmedabad
Case No : R/Special Civil Application No. 13735 Of 2026
Judges: THE HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Parties : Nayanaben Mansukhlal Chalalia Versus The State Of Gujarat & Others
Appearing Advocates : For the Petitioner: N.K. Majmudar(430), Shivam N. Majmudar(14001), Advocates. For the Respondents: Dr. Pooja Ashar, AGP, Hemang S. Trivedi(10045), Advocate.
Date of Judgment : 07-10-2026
Head Note :-
Subject
Summary :-
1. Statutes / Acts / Rules / Orders Mentioned:
- order dated 13.07.2026
- order dated 14.03.2024
- Special Civil Application No.8065 of 2026
- Special Civil Application No.2213 of 2024
- Letters Patent Appeal No.102 of 2024

2. Catch Words:
- service regularization
- continuity of service
- retrospective regularization
- seniority
- increments
- pay fixation
- arrears of salary
- writ petition
- relief

3. Summary:
The petitioner seeks continuous and uninterrupted service recognition, retrospective regularization, and related benefits such as seniority, increments, and pay fixation. The court notes a prior mechanism accepted by a coordinate bench in Special Civil Application No.8065 of 2026 for health workers. It directs the petitioner to submit a checklist to respondent No.3 within 15 days, after which verification and recommendation processes will be undertaken by respondents No.5, 3, 4, and 6. The Panchayat Department will examine the claim and extend benefits if covered by the judgment dated 14.03.2024, otherwise the State Government may decide. The court clarifies it has not examined merits and the case will be decided on its own merits. The application is disposed with these procedural directions.

4. Conclusion:
Petition Dismissed
Judgment :-

Oral Order

1. Draft amendment is allowed. The learned counsel for the petitioner is also permitted to add the Secretary, Panchayat, Rural Housing & Rural Development Department as party respondent No.6. Amendment be carried out forthwith.

2. By the present Writ Petition, the petitioner is praying for the following reliefs :-

          "A. Be pleased to admit this Petition;

          B. Be pleased to issue an appropriate writ, order and/or direction directing the respondent authorities to treat the services rendered by the petitioner from her initial date of appointment till her subsequent regular appointment and thereafter as continuous and uninterrupted service for all purposes, and to grant the petitioner the benefit of retrospective regularization/continuity of service by joining the initial service with her subsequent regular service;

          C. Be pleased to issue an appropriate writ, order and/or direction directing the respondent authorities to extend to the petitioner all consequential benefits flowing from such continuity of service and retrospective regularization, including seniority, increments, pay fixation, arrears of salary and all other consequential service benefits admissible in accordance with law;

          D. Be pleased to issue an appropriate writ, order and/or direction directing the respondent authorities to recalculate and refix the petitioner's pay and last pay drawn by taking into consideration the service rendered by the petitioner from her initial date of appointment and to grant all consequential benefits arising from such revised pay fixation;

          E. Be pleased to pass such orders as thought fit in the interest of justice."

3. It is submitted by the learned counsel Mr. N. K. Majmudar appearing for the petitioner that the Coordinate Bench of this Court, vide order dated 13.07.2026 passed in Special Civil Application No.8065 of 2026 and other connected matters, has accepted the workable mechanism, which was jointly suggested by the stakeholders including the respondents herein to examine the case of the health workers working in various District Panchayats.

4. The learned AGP submits that the said mechanism, which was jointly suggested and acceptable to the petitioner, has now been converted into the order passed by the Coordinate Bench of this Court and the petitioner being the similarly situated health worker, she would be covered by the observations in the said order.

5. Considering the submissions, the present Writ Petition is disposed of with a direction to the petitioner to approach the respondent No.3 Ahmedabad District Panchayat through the respondent No.5 Taluka Health Officer, Daskroi by furnishing all requisite particulars in the form of a checklist to facilitate verification of her claim within 15 days from today. Upon receipt of such requisite details from the petitioner herein, the respondent No.5 shall verify the particulars so provided and the respondent Nos.3 and 4 shall forward its proposal/recommendation along with relevant documents to the Panchayat Department within three months from the date of receipt of such particulars from the petitioner. Upon receipt of such proposal/recommendation, the respondent No.6 Panchayat Department shall examine the claim and extend the benefit to the petitioner, whose claim is found to be covered by the judgment and order dated 14.03.2024 passed in Letters Patent Appeal No.102 of 2024 and other connected appeals. If the respondent No.6, upon examination of particulars furnished, comes to a conclusion that the case of the petitioner is distinguishable from the facts considered in the Special Civil Application No.2213 of 2024 and other connected matters, it shall be open for the State Government to take an appropriate decision in accordance with law. In any case, the competent authority shall pass a reasoned order on the proposal so submitted by the respondent No.3 Ahmedabad District Panchayat. The entire exercise shall be completed within a period of four months from the date of receipt of proposal/recommendation from the respondent No.3 Ahmedabad District Panchayat.

6. With the aforesaid direction, the present Special Civil Application stands disposed of.

7. It is clarified that this Court has not gone into the merits of the case and no opinion is expressed thereon. The case of the petitioner shall be decided on its own merits and in accordance with the judgment of this Court as mentioned herein above.

Direct service is permitted.

 
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