HIRAL PRAVINCHANDRA DESAIV/sSTATE OF GUJARAT - 2026 Supreme(Online)(Guj) 4342

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2026 Supreme(Online)(Guj) 4342

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 4747 of 2019

HIRAL PRAVINCHANDRA DESAI & ORS. Versus STATE OF GUJARAT & ORS.

Appearance:
MR. JIT P PATEL(6994) for the Petitioner(s) No. 1,10,11,12,2,3,4,5,6,7,8,9
MS. FORUM SUKHDWALA, AGP for the Respondent(s) No. 1,2
MR RITURAJ M MEENA(3224) for the Respondent(s) No. 2,3,4

CORAM: HONOURABLE MR. JUSTICE MAULIK J.SHELAT

Date : 24/03/2026

ORAL JUDGMENT

1. Heard Mr. Jit Patel, learned advocate for the petitioners, Mr. Rituraj M. Meena, learned advocate for respondents Nos.2, 3 and 4 and learned AGP Ms. Forum Sukhadwala for Respondent- State, at length.

2. Rule returnable forthwith. Learned AGP Ms. Forum Sukhdwala as also Mr. Rituraj Meena, learned advocate, waive service of notice of Rule for and on behalf of the respective respondents.

3. With consent of the learned advocates for the respective parties, the present matter is taken up for hearing.

4. The present writ petition is filed under Article 226 of the Constitution of India, seeking the following reliefs :

[A] Your Lordships may be pleased to admit and allow this petition.

[B] Your Lordships may be pleased to issue a writ of Mandamus or any other appropriate writ, order and/or Direction by holding that the petitioners are entitled for regular pay scale from the date of their appointment and that the service of petitioners cannot be terminated in any manner contrary to one by which services of a permanent employee can be terminated and further be pleased to regularize the service of the petitioner from the date of their appointment and further be pleased to give all consequential benefits, monetary and non-monetary inclusive of all consequential benefits and arrears of pay as per regular pay scale and full back wages.

[C] Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct the respondents not to terminate the services of the present petitioner by maintaining status quo.

[D] Your Lordships may be pleased to issue a writ of Mandamus or any other appropriate writ, order and/or Direction directing respondent authorities to accord and pay regular pay scale to the petitioners and accord the same pay scale as accorded to clerks and accountants i.e. Regular Class III Government Employees engaged and appointed as clerks in Government and Grant-in-Aid Schools..

[E] Pending admission, hearing and final disposal of this petition, your lordships may be pleased to direct the respondents to start paying the salaries as per the regular pay scale to the petitioner at par and as is being paid to regular clerks and Accountants working on class-III posts in similarly situated establishments.

[F] Such other and further reliefs as may be deemed just and expedient may be granted.”

SHORT FACTS OF THE CASE

5. As per the case of the petitioners, they are appointed by respondent No.2 on contractual basis for 11 months on a fixed pay. The relevant date of appointment / joining of the respective petitioners are submitted at Annexure-B, which reads as under:-

SR. NO	EMPLOYEE NAME	DIST	QUALIFICATION	BIRTHDATE	AGE	JOINING DATE
1	HIRAL PRAVINCHANDRA DESAI	VALSAD	B.COM/ TALLY	28-07-1984	34 YEARS	18-03-2010
2	SONAL CHHIBUBHAI PATEL	VALSAD	B.COM/ TALLY	23-02-1993	25 YEARS	29-02-2016
3	NITESH BHAI JIVUBHAI SAPTA	VALSAD	B.COM/ TALLY	01-06-1989	30 YEARS	12-02-2014
4	DIPAKKUMAR BABULAL JOSHI	BANASKANTHA	B.COM/ TALLY	31-07-1991	27 YEARS	24-07-2014
5	ROHITKUMAR GANESHBHAI PATEL	BANASKANTHA	B.COM/ TALLY	14-01-1988	31 YEARS	28-07-2014
6	TALAJI HARCHANDJI THAKOR	BANASKANTHA	B.C.A/ B.ED/ SOFT(GCT)	16-01-1992	27 YEARS	10-09-2014
7	ROHITJI VARSANGJI THAKARDA	BANASKANTHA	B.C.A/B.ED	29-10-1992	26 YEARS	20-03-2015
8	SANJAYKUMAR DINESHBHAI PRAJAPATI	BANASKANTHA	B.COM/ COM	19-08-1991	27 YEARS	24-08-2012
9	SOBHANBHAI KANABHAI VANJARA	BANASKANTHA	B.A	01-02-1987	32 YEARS	09-10-2009
10	VIKKUMAR TARACHAND THAKOR	BANASKANTHA	B.A/COPA	23-02-1991	28 YEARS	01-07-2016
11	DINESHKUMAR KAPOORJI GOTATAR	BANASKANTHA	12 PASS	03-06-1987	32 YEARS	01-07-2016
12	VASANTBHAI KACHARABHAI SENMA	BANASKANTHA	B.B.A/ M.B.A	19-11-1993	25 YEARS	01-08-2017

5.1 According to the petitioners, as per Government Resolution dated 16.02.2006, upon completion of 5 years of their services, they are required to pay regular pay/salary by the respondents and also required to be regularized in service from the date of thei

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