Modification of Judgment dtd.

02/12/2025 in R/SCA/19690/2018

0.45934495559315425 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 19690 of 2018 [On note for speaking to minutes of order dated 02/12/2025 in R/SCA/19690/2018 ]

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KAMUBEN KALUBHAI CHAUHAN(DECEASED) & ORS.

Versus STATE OF GUJARAT & ORS.

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Appearance:

DECEASED LITIGANT THROUGH LEGAL HEIRS/

REPRESTENTATIVES for the Petitioner(s) No. 1 MR NILESH M SHAH(780) for the Petitioner(s) No.

1.1,1.2,1.3,1.4,1.5 MS FORUM SHAH, AGP for the Respondent(s) No. 1 MR HS MUNSHAW(495) for the Respondent(s) No. 2,3,4 =============================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 09/03/2026

ORAL ORDER

1. Perused the Note for Speaking to Minutes dated

17.02.2026 filed by the learned advocate for the petitioners.

2. It appears that in the order dated 02.12.2025 passed in the captioned petition, certain typographical and factual errors have crept in. In paragraphs 12.1 and 12.3, the period is typed as “from 01-06-2006 to 23-12-2022”, instead of “from 01-06-2006 to 31-10-2020”. Further, in paragraph 12.4, the phrase “original petitioner having expired on 23-12-2022” and “including family pension”, shall be substituted with the phrase “original petitioner having retired on 31-10-2020 and expired on 23-12-2022” and “including pension and family pension”, respectively.

3. Hence, it is directed that the necessary corrections be made in paragraph Nos.12.1, 12.3 and 12.4 of the order dated

02.12.2025. The rest of the order shall remain unaltered.

4. Registry is directed to carry out the necessary corrections and appropriate fresh writ be issued in the matter. 5. The Note for Speaking to Minutes is, accordingly, allowed.

(MAULIK J. SHELAT, J)

GAURAV J THAKER R/SCA/19690/2018

0.45934495559315425 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 19690 of 2018 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J.SHELAT ==========================================================

Approved for Reporting Yes No ✓

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KAMUBEN KALUBHAI CHAUHAN(DECEASED) & ORS.

Versus STATE OF GUJARAT & ORS.

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Appearance:

DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for the Petitioner(s) No. 1 MR NILESH M SHAH(780) for the Petitioner(s) No. 1.1,1.2,1.3,1.4,1.5 MS FORUM SHAH, ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1 MR HS MUNSHAW(495) for the Respondent(s) No. 2,3,4 ==========================================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 02/12/2025

ORAL JUDGMENT

1. RULE returnable forthwith. Learned Advocate Mr. Devang Bhatt for learned Advocate Mr. H. S. Munshaw for respondent Nos.2, 3 & 4, as also learned AGP Ms. Forum J. Shah for respondent No.1, waive service of notice of Rule for respective respondents.

R/SCA/19690/2018

0.45934495559315425

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

3. Heard learned Advocate Mr. Nilesh Shah for the petitioners, learned Advocate Mr. Devang Bhatt for learned Advocate Mr. H. S. Munshaw for respondent Nos.2, 3 & 4 and learned AGP Ms. Forum Shah for respondent No.1, at length.

4. The present writ petition is filed under Articles 14, 16 and 226 of the Constitution of India, seeking following reliefs:

“(A) to issue writ of certiorari and/or any other writ or writs or orders or directions.

(B) to quash and set aside order dt.21-04-15, Ann-I passed by Respondent No.4 to the extent of not granting benefit of Resolution dt. 17-10-88, Ann-H from 01-01-90 and also to the extent of stating appointment date of the Petitioner as 16-03-10.

(C) to direct the Respondents to give the benefit of Resolution dt.17-10- 88, Ann-H to the Petitioner with effect from 01-01-90 notionally up to 30- 05-06 and further be pleased to di