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2026 DIGILAW 131 (GUJ)

District Primary Education Officer v. Rajnikant Ravjibhai Vaghela

2026-03-02

BHARGAV D.KARIA, L.S.PIRZADA

body2026
ORDER : BHARGAV D. KARIA, J. 1. Heard learned advocate Ms.R.V.Acharya for the appellant/applicant and learned Assistant Government Pleader Ms.Shruti Dhruve for the respondent Nos.3 and 4. 2. By this Appeal under Clause 15 of the Letters Patent, 1865, the appellant has prayed for quashing and setting aside the order dated 17 th June, 2025 passed by the learned Single Judge in Special Civil Application No.21731 of 2023 wherein, the following prayers were made : “9(A) Your Lordships may be pleased to admit and allow this petition; (B) Your Lordships may be pleased to issue an appropriate writ, order or direction that to consider the case of the petitioner for absorption in District Education Committee, Kheda and be allowed to have their LIEN in view of Government Resolution dated 23rd August 1973 Annexure A as well as in view of oral judgment passed in SCA No.21562 of 2019 dated 13/09/2022 (Annexure-E) and other similar type of matters and thereafter in pursuance to that the respondent No.1 has passed an appropriate orders as per the Government Resolution dated 23rd August 1973 accordingly, forthwith in the interest of justice; (C) Your Lordships may be pleased to issue an appropriate writ, order or direction that to consider the case of the petitioner for absorption in District Education Committee, Kheda and be allowed to have their LIEN in view of Government Resolution dated 23rd August 1973 in the interest of justice. (D) Pending admission and final disposal of this petition this Hon’ble Court may be pleased to grant the prayer described in paragraph No.9(B) & (C) and further be directed to restrain the respondents authorities from removal of Petitioner without due process of law in the interest of justice; (E) xxxx”. 3.1. The short facts giving rise to this Appeal are that the respondent Nos.1 and 2 were appointed as Ashramshala Teachers in Anudanit Nivasi Prathmik Shaha. Thereafter, they were selected as Vidhya Sahayak Teachers and are performing their duties as of today on the post of Vidhya Sahayak and are seeking benefit of Government Resolution dated 23.08.1973 for getting the benefit of lien. 3.2. The learned Single Judge allowed the Special Civil Application No.21731 of 2023 by directing the appellant to confer the benefit of lien to the respondent Nos.1 and 2 in the District Education Committee, Kheda with all consequential benefits. 3.3. 3.2. The learned Single Judge allowed the Special Civil Application No.21731 of 2023 by directing the appellant to confer the benefit of lien to the respondent Nos.1 and 2 in the District Education Committee, Kheda with all consequential benefits. 3.3. It is the case of the appellant that the learned Single Judge has not taken into consideration the fact that the benefit of lien as per the Government Resolution dated 23.08.1973 cannot be granted to the respondent Nos.1 and 2 as they are not fulfilling the conditions of the said Government Resolution and even otherwise, the benefits of lien are cancelled by the State Government by Government Resolution dated 08.12.1999. Hence, being aggrieved and dis-satisfied with the order dated 17.06.2025 passed by the learned Single Judge, the appellant has preferred this Appeal. 4.1. Learned advocate Ms.R.V.Acharya for the appellant submitted that the learned Single Judge passed an ex-parte order dated 17.06.2025 relying upon the decision in Special Civil Application No.21562 of 2019 dated 13.09.2022. 4.2. It was submitted that vide order dated 22.08.2025 passed in Letters Patent Appeal No.193 of 2024, the order dated 13.09.2022 passed in Special Civil Application No.21562 of 2019 is stayed and it was ordered to be heard with Letters Patent Appeal No.1402 of 2023. The order dated 22.08.2025 passed in Letters Patent Appeal No.193 of 2024 reads as under : “1. Heard learned Assistant Government Pleader Mr. Aakash Gupta for the appellants. 2. Learned Single Judge granted relief to the petitioners by directing the respondents to confer the benefit of lien in respect of their services at Ashram Shala. 3. It was submitted by learned Assistant Government Pleader that the petitioners were initially appointed in Ashram Shala from year 1993 to 1996. Thereafter, in the year 2000, they came to be appointed pursuant to fresh recruitment process to the post of Vidhya Sahayaka. At present, they have been discharging their duties as Vidhya Sahayaka. 4. A prima facie case is made out. 5. The appeal is ADMITTED. The impugned judgment and order passed by the learned Single Judge in Special Civil Application No. 21562 of 2019 and cognate matters dated 13.09.2022, shall remain stayed. The appeal be heard along with Letters Patent Appeal No.1402 of 2023.” 5. 4. A prima facie case is made out. 5. The appeal is ADMITTED. The impugned judgment and order passed by the learned Single Judge in Special Civil Application No. 21562 of 2019 and cognate matters dated 13.09.2022, shall remain stayed. The appeal be heard along with Letters Patent Appeal No.1402 of 2023.” 5. Considering the above submissions, this Appeal is also admitted and the impugned order dated 17.06.2025 passed by the learned Single Judge in Special Civil Application No.21731 of 2023 is hereby stayed. 6. This Appeal be heard with Letters Patent Appeal Nos.193 of 2024 and 1402 of 2023.