Modification of Order dtd.

0.5388019322430918 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3127 of 2020 [On note for speaking to minutes of order dated 02/02/2026 in R/SCA/3127/2020 ]

==========================================================

HARENDRASINH KISHORSINH MATROJA S/O KISHORSINH CHHATRASINH MATROJA Versus STATE OF GUJARAT & ORS.

==========================================================

Appearance:

ANIL H PATEL(7832) for the Petitioner(s) No. 1 MR BHUVNESH GAHLOT(10286) for the Petitioner(s) No. 1 D C BHATT(7618) for the Respondent(s) No. 3 NOTICE SERVED for the Respondent(s) No. 1,2,4 ==========================================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 02/03/2026

ORAL ORDER

1. The Registry has filed a note for speaking to minutes, wherein, it has been submitted that in the last line of paragraph No.14 of the order dated 02.02.2026, inadvertently, the word “31st March, 2006” have been incorporated instead of “31st March, 2026”.

2. The request is acceded to. The note for speaking to minutes is allowed. Accordingly, in the last line of paragraph No.14 of the order dated 02.02.2026, the word “31st March, 2026” shall be

NEUTRAL CITATION

0.5388019322430918

read and substituted in place of “31st March, 2006”.

3. The Registry shall issue a fresh writ accordingly. The rest of the order shall remain unaltered. The note is disposed of accordingly.

(MAULIK J.SHELAT,J)

NILESH

0.5388019322430918 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3127 of 2020 ==========================================================

HARENDRASINH KISHORSINH MATROJA S/O KISHORSINH CHHATRASINH MATROJA Versus STATE OF GUJARAT & ORS.

==========================================================

Appearance:

ANIL H PATEL(7832) for the Petitioner(s) No. 1 MR BHUVNESH GAHLOT(10286) for the Petitioner(s) No. 1 D C BHATT(7618) for the Respondent(s) No. 3 MS FORUM BIMAL SUKHADWALA, ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1, 2, 4 ==========================================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 02/02/2026

ORAL ORDER

1. Rule returnable forthwith. Ms. Forum Bimal Sukhadwala, learned Assistant Government Pleader, waives service of notice of Rule on behalf of respondent Nos. 1, 2, and 4. Mr. D. C. Bhatt, learned Advocate, waives service of notice of Rule on behalf of respondent No. 3.

2. With the consent of the parties, the matter is taken up for hearing.

0.5388019322430918

3. The present writ petition is filed under Articles 14, 16, 21, and

226 of the Constitution of India, seeking the following reliefs:

“(A) Your Lordships may be pleased to admit this Writ petition.

(B) Your Lordship may be pleased to may be pleased to issue a writ of mandamus, a writ in the nature of mandamus оr any other appropriate writ, order or direction directing the respondent authorities to regularize the appointment of the Petitioner who are appointed on ad-hoc basis on compassionate ground.

(C) Be pleased to pass such other/further orders deemed fit.”

4. The father of the petitioner, namely Kishorsinh Chhatrasinh Matroja, was serving as a driver with respondent No. 3 and died in harness on 12th October, 2001, while on duty. At the relevant point in time, the petitioner who happens to be the son of the deceased employee was allowed to work as a daily wager with respondent No. 3. The compassionate appointment on the post of clerk was agreed to be given to the petitioner by respondent No. 3 vide its resolution dated 12th June, 2003.

5. It further appears that as per the said resolution, the case of the petitioner was forwarded to the State for its in-principle approval to appoint the petitioner as a clerk. Nonetheless, as per the affidavit of respondent No. 3 filed in this matter, his

0.5388019322430918 appointment as an ad-hoc clerk was given w.e.f. 1st November, 2001.

6. Be that as it may, the respondent-State, vide its impugned communication dated 16th M

Click Here to Read the rest of this document