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NEUTRAL CITATION

C/SCA/4540/2026 ORDER DATED: 07/04/2026

0.6727857610812841

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 4540 of 2026

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MEMBER SECRETARY @ MISSION DIRECTOR Versus MOHANBHAI KHIMJIBHAI VAGHMASHI & ORS.

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Appearance:

GIRISH K PATEL(2770) for the Petitioner(s) No. 1 MR SHIVAM DIXIT, AGP for the Respondent(s) No. 2,3 MR RAJESH P MANKAD(2637) for the Respondent(s) No. 1

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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

Date : 07/04/2026

ORAL ORDER

1. By the consent of the learned advocates for the parties, the matter is taken up for final hearing.

2. Rule. Rule returnable forthwith. Learned AGP Mr. Shivam Dixit and learned advocate Mr. Rajesh P. Mankad waive service of notice of rule on behalf of their respective

respondents.

3. The present writ petition is filed praying for the following reliefs :-

“(A) Your Lordships may be pleased to quash and set aside the impugned orders dated 31-01-2026 of Resp. No. 3, Appellate authority passed in Gratuity Appeal No. 11/2025, vide Ann. A, rejecting the appeal of the Petitioner & confirming the order dt.

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NEUTRAL CITATION

C/SCA/4540/2026 ORDER DATED: 07/04/2026

0.6727857610812841

18-08-2025 of Controlling authority passed in Gratuity Case No. 187/2025 (Ann. B), by holding that the Resp. No. 1 is not entitled for the gratuity amount, being contractual employee and appointed for 11 months and on fixed salary and he was not permanent employee of the Petitioner's department and there is break in his service and impugned orders are illegal, unjust,

arbitrary and unconstitutional.

(B) Pending admission and final hearing of this petition, Your Lordships may be pleased to stay the execution, operation and implementation of the impugned order dt. 31-01-2026 of Resp. No. 3, Appellate authority passed in Gratuity Appeal No. 11/2025, vide Ann. A and order dt. 18-08-2025 of Resp. No. 2 Controlling authority passed in Gratuity Case No. 187/2025 (Ann. B) and be pleased to restrain the Respondent authorities from dispersing the Gratuity amount to the Resp. No. 1

deposited by the Petitioner in the interest of justice.

(C) Be pleased to grant Ad-Interim Relief in terms of Para No.

7 (B) of the prayer in the interest of justice.”

4. Learned advocate Mr. Girish K. Patel for the petitioner submits that the impugned orders have been passed without considering that the respondent No.1- workman was employed in a Government Health Mission Project. He submits that as per the terms and conditions of the Mission, there is no provision for grant of financial benefits such as gratuity, pension, bonus, leave encashment, dearness allowance etc. Learned advocate for the petitioner further submits that terms and conditions of appointment are clear. The respondent No.1- workman was a contractual employee, who has worked for 11 months at a time. He submits that

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NEUTRAL CITATION

C/SCA/4540/2026 ORDER DATED: 07/04/2026

0.6727857610812841

project has to work as per the budget provided by the Government and the respondent No.1- workman was not

entitled to any payment of gratuity.

4.1 Learned advocate for the petitioner further submits that under the National Health Mission, the contractual employees are engaged as there is no regular sanctioned post. The said employee is engaged by the State / District Health Society and not by the State Government against any regular sanctioned post. He submits that there is a break in service after the contract period was over and there is no continuous service rendered by the contractual employee. He submits that as per Section 4 (1) of the Payment of Gratuity Act, 1972 (for short the