High CourtsSingle Bench(2023) 10 GUJ CK 0085

Prajapati Sachinkumar Chhaganbhai vs State Of Gujarat

Gujarat High Court · Decided on 27 October 2023

HON’BLE JUDGES
Nikhil S. Kariel, J
RESULT
Disposed Of
CASE NUMBER
R/Special Civil Application No. 18983 Of 2023

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Judgment

10 paragraphs · 343 words

Nikhil S. Kariel, J

1.

Heard learned advocate Mr. Nikul Soni on behalf of the petitioners and learned Assistant Government Pleader Mr.Sahil Trivedi on behalf of the respondent – State.

2.

By way of this petition, the petitioners who are appointed under regular as well as under physically disabled category as teachers working in the Primary School inter alia question a decision of the State Government of not granting transport allowance to the petitioners as per the policy of the State Government.

2.1. Learned advocate Mr. Soni would also submit that the issue as raised in the present petition is covered by the decision of the learned Coordinate Bench dated 05.07.2022 in Special Civil Application No. 5687 of 2021. Learned advocate Mr. Soni would also fairly submit that none of the petitioners have preferred any representation before the State Government.

2.2. Considering the same, learned advocate Mr. Soni would submit that if the present petition is directed to be decided as a representation by the respondents within a stipulated period of time, the grievance of the petitioners could be taken care of.

3.

Having regard to the submissions made by learned advocate Mr. Soni, learned Assistant Government Pleader would submit that if the reasonable time is granted, the State would take appropriate action more particularly as per their own policy and as per the decision of this Court.

4.

Considering the same, the present petition is disposed of with the following directions:-

(i) The respondents shall treat the present petition as a representation and whereas the same shall be considered and decided by the respondents within a period of eight (08) weeks from the date of receipt of writ of this order.

(ii) Such decision shall be communicated to the present petitioners and in case the petitioners are aggrieved by the said decision, it would be open for the petitioners to file a writ petition afresh.

5.

With these observations and directions, the present petition stands disposed of. It is clarified that this Court has not gone into the merits of the matter.