IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO.10008 of 2022 FOR APPROVAL AND SIGNATURE :

HONOURABLE MR. JUSTICE NIRZAR S. DESAI Sd/-

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Approved for Reporting Yes No YES =========================================

INDUMATIBEN KHANABHAI SOLANKI & ANR.

Versus STATE OF GUJARAT & ORS.

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Appearance :

MR RASESH H PARIKH for the Petitioners.

MR HEMANG H PARIKH for the Petitioners.

MR CP CHAMPANERI for the Respondent Nos.3 & 4.

MR ADITYA DAVDA, AGP for the Respondent Nos.1 & 2.

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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 02/02/2026 ORAL JUDGMENT Leave to amend the prayer clause.

2. At the outset, learned advocate Mr. Rasesh Parikh submitted that the issue involved in this petition is squarely covered by the decision rendered by the learned Single Judge of this Court in respect of identically situated persons working with the same District Panchayat and thereafter confirmed by the Hon’ble Division Bench and thereafter implemented by the State Government as well as the District Panchayat and, therefore, considering the above aspects, the present petition may be taken up finally. Learned AGP Mr. Davda as well as learned advocate Mr. Champaneri appearing for respective respondents could not dispute the aforesaid position and hence, the matter was taken up for final hearing today itself.

3. RULE. Mr. Aditya Davda, learned Assistant Government Pleader waives service of rule on behalf of respondent Nos.1 and 2 and learned advocate Mr. C. P. Champaneri waives service of rule on behalf of respondent Nos.3 & 4.

4. By way of this petition, the petitioners have prayed for the following reliefs :-

“A. YOUR LORDSHIPS may be pleased to issue a writ of mandamus or any other appropriate, writ, order or direction in the nature of mandamus, or any other any other appropriate writ, order or direction, directing the respondents to regularize the services of the present petitioners on the post of female health workers at their District Panchayat, Anand on the same terms and conditions as meted out to with the other Female Health Worker who have been regularized by Respondent No.3 in their order dated 13.1.2021 with all consequential and incidental benefits including Higher Pay Scale and be pleased to hold that they are not required to undergo the process of selection by applying for the post of female health workers in the interest of justice;

B. During the admission, pendency and final disposal of this petition, YOUR LORDSHIPS may be pleased to restrain the respondents, their servants and agents from terminating the services of the petitioners;”

3. It is the case of the petitioners that the petitioners were appointed as Female Health Workers in the year 1997 by Kheda District Panchayat and thereafter, on account of district bifurcation, the petitioners are working with Anand District Panchayat. Both the petitioners are working in different Talukas and at the time of their appointment, they were unmarried and upon getting married, they got their names corrected in the service book. The petitioners state that though the petitioners are serving since 1997, their services are not regularized. It is the case of the petitioners that similarly situated employees of the same District Panchayat i.e. Sangitaben Vasudevbhai Patel and others preferred Special Civil Application No.8644 of 2012 before this Court wherein the coordinate Bench of this Court vide order dated 18.12.2019 allowed the petition and directed the respondents to confer the benefits as granted the Multi Purpose Health Worker of other Districts and to regularize their services from their initial date of appointments.

4. The aforesaid decision was carried in appel by the District Development Officer by way of Letters Patent Appeal No.1016 of 2021 with Civil Application (For stay) No.1 of 2021. However, the Division Bench vide order dated 16.11.2021 dismissed the said