Gujarat High Court
Jitendrakumar Patel S/O Aditbhai vs Vice Chancellor on 27 November, 2025
NEUTRAL CITATION
C/SCA/19515/2019 ORDER DATED: 27/11/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19515 of 2019
==========================================================
JITENDRAKUMAR PATEL S/O ADITBHAI & ANR.
Versus
VICE CHANCELLOR & ORS.
==========================================================
Appearance:
MR. DWIJEN JOSHI(8518) for the Petitioner(s) No. 1,2
MR DP JOSHI(1163) for the Petitioner(s) No. 1,2
MR. PARTH PATEL, AGP for the Respondent(s) No. 3-STATE
MR DG CHAUHAN(218) for the Respondent(s) No. 2-UNIVERSITY
NOTICE SERVED BY DS for the Respondent(s) No. 1,4
RONAK D CHAUHAN(7709) for the Respondent(s) No. 2
==========================================================
CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 27/11/2025
ORAL ORDER
1. Rule returnable forthwith. Learned advocate Mr. D.G. Chauhan and learned AGP Mr. Parth Patel waive service of notice of rule on behalf of respective respondents. With consent of the parties, the matter is taken up for final hearing.
2. Heard Mr. Dwijen Joshi, learned counsel for petitioners, Mr. D.G. Chauhan, learned counsel for the respondent No.2-University and Mr. Parth Patel, learned Assistant Government Pleader for the respondent No.3- Stater.
3. The present writ petition is filed under Articles 14, Page 1 of 11 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:11:27 IST 2025 NEUTRAL CITATION C/SCA/19515/2019 ORDER DATED: 27/11/2025 undefined 16, 21 and 226 of the Constitution of India, inter alia, seeking the following reliefs:
"(A) This Hon'ble court be pleased to admit and allow this petition;
(B) The Hon'ble court may be pleased to issue appropriate writ, order or direction including the writ in the nature of mandamus and quash and set aside the illegal, unjust and arbitrary action of the Respondents in recovering the amount paid to the present petitioners by way of advance increments under the career advancement scheme. (C) The Hon'ble court may be pleased to issue appropriate writ order or direction including the writ in the nature of mandamus and direct the respondents to return the amount wrongly recovered from the present petitioners and be pleased to award the return of the wrongfully recovered amount along with 18% interest."
4. SUBMISSIONS ON BEHALF OF PETITIONERS:
4.1 At the outset, learned counsel Mr. Dwijen Joshi, learned counsel for petitioners would respectfully submit that the issue germane in the matter is squarely covered by the decision dated 31.03.2016 passed by the Co-
ordinate Bench of this Court in Special Civil Application No. 1706 of 2010 and allied matters, whereby the amount which is wrongly recovered from the petitioners Page 2 of 11 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:11:27 IST 2025 NEUTRAL CITATION C/SCA/19515/2019 ORDER DATED: 27/11/2025 undefined herein, requires to be repaid to petitioners with interest by respondents.
4.2 Learned counsel Mr. Joshi would respectfully state that the petitioners herein were appointed as Junior Research Assistant with the respondent University and during the course of their employment, they were paid benefits under the Career Advancement Scheme, thereby paid advance increment for holding the degree of Doctor of Philosophy (Ph.D.) and for movement from the position of Assistant Professor to Associate Professor. Nonetheless, the same was later on recovered by the respondents. 4.3 Learned counsel Mr. Joshi would respectfully submit that similarly situated persons like petitioners have approached this Court by way of Special Civil Application No. 1706 of 2010 and allied matters, wherein after appreciating the submissions advanced by the respondents and so also taking note of the Resolution dated 12.09.2014 issued by the State Government, through its Education Department, the recovery sought for from such similarly situated persons ordered to be refunded back to them. It is further submitted and pointed out to this Page 3 of 11 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:11:27 IST 2025 NEUTRAL CITATION C/SCA/19515/2019 ORDER DATED: 27/11/2025 undefined Court that in paragraph-12 of the aforesaid decision, this Court has categorically directed the respondent University to prepare the list of employees, who voluntarily deposited the amount and the same shall be paid to them within a period of two months from the date of the judgment. It is submitted that despite such order, no action has been taken by the respondent to repay the amount to the petitioners; further, petitioner No.1 approached the respondent University vide its representation dated 13.11.2017, but no response was received from respondents. So, constrained to approach this Court by way of this petition.
4.4 According to submissions of learned counsel Mr. Joshi, pursuant to the aforesaid judgment, which is never challenged by the respondents and as such, as per the aforesaid Resolution dated 12.09.2014, whereby it was incumbent upon the respondents to refund the amount so recovered from the petitioners with interest, having not refunded amount to petitioners, it violates its fundamental rights to receive such benefit. 4.5 Making the above submissions, learned counsel for Page 4 of 11 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:11:27 IST 2025 NEUTRAL CITATION C/SCA/19515/2019 ORDER DATED: 27/11/2025 undefined the petitioners would request this Court to allow the present writ petition.
5. SUBMISSIONS ON BEHALF OF RESPONDENT - UNIVERSITY:-
5.1 Per contra, Mr. D.G. Chauhan, learned counsel for the respondent No.2 - University states that pursuant to the direction and order issued by the State vide its Circular dated 10.06.2011, the respondent University has recovered the amount from the petitioners along with the other similarly situation persons. Furthermore, learned counsel Mr. Chauhan candid in his submission that the case of the petitioners may be covered by the aforesaid decision dated 31.03.2016 passed by the Co-ordinate Bench of this Court. However, he would respectfully submit that there is no male fide intention on the part of the respondent University not to repay the amount to the petitioners, but due to administrative exigency, no final decision was taken by the respondent University to refund such amount.
5.2 Learned counsel Mr. Chanhan has tendered the Government Resolution dated 07.06.2011, which is taken Page 5 of 11 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:11:27 IST 2025 NEUTRAL CITATION C/SCA/19515/2019 ORDER DATED: 27/11/2025 undefined on record. It is submitted that when petitioners have also remained silent for years and come be lately before this Court, then in such circumstances, even if this Court order to refund the amount recovered from petitioners, no interest be awarded thereon. 5.3 Making the above submissions, learned counsel for the respondent No.2-University would request this Court to pass appropriate order in the present writ petition. 5.4 No other and further submissions are made.
6. SUBMISSIONS ON BEHALF OF RESPONDENT - STATE:-
6.1 Learned Assistant Government Pleader Mr. Parth Patel appearing for the respondent No.3 - State would submit that as such, the issue germane in the matter may be covered by the aforesaid decision dated 31.03.2016 passed by the Co-ordinate Bench of this Court, whereby petitioners may be entitled to get back the amount so recovered from them by the respondent University, but considering the fact that the petitioners also approached this Court after a period of more than Page 6 of 11 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:11:27 IST 2025 NEUTRAL CITATION C/SCA/19515/2019 ORDER DATED: 27/11/2025 undefined three years, they are not entitled to receive any interest on such amount. It is submitted that such amount requires to be refunded back to petitioner by respondent- University.
6.2 Making the above submissions, learned AGP Mr. Patel would request this Court to dismiss the present writ petition.
6.3 No other and further submissions are made. ANALYSIS:-
7. Heard learned counsels for the respective parties at length and after going through the pleadings and documents which are annexed therewith, it is not in dispute that the issue germane in the matter is squarely covered by the decision of the Co-ordinate Bench of this Court passed on 31.03.2016 in Special Civil Application No. 1706 of 2010 and allied matters (Coram: Hon'able Mr. Justice J.B. Pardiwala, as His Lordship then was), which was filed by similarly persons in consimili casu, wherein it has been held thus:
Page 7 of 11 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:11:27 IST 2025
NEUTRAL CITATION C/SCA/19515/2019 ORDER DATED: 27/11/2025 undefined "10. The Resolution issued by the State Government in its Education Department, dated 12.09.2014 states that there shall be no recovery of the amount paid to the employees by way of "Advance Increment". It further states that the liability of a particular officer responsible for creating the confusion shall be fixed and he be proceeded accordingly.
The Government Resolution also takes care about the qualifications and is made applicable to all the Universities as well as all the Colleges across the State of Gujarat. The short point now which needs to be decided is about those persons who on their own volition deposited the requisite amount apprehending that it would come in their way so far as their retiral benefits were concerned.
11. Mr. D.G. Chauhan, the learned counsel appearing for the University submitted that this Court need not to pass an order directing the University to refund the amount which has already been paid by the respective employees on their own volition.
12. I am of the view and more particularly, having regard to the observations made by the learned Single Judge in Paras14 and 15 referred to above, the amount should be refunded to the respective employees. The mere act on their part to deposit the money on their own volition out of fear and that too, without any fault on their part, should not come on their way so far as the refund of the requisite amount is concerned. A list of all those employees be prepared, who had voluntarily deposited the amount and the same be paid to them within period of two months from Page 8 of 11 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:11:27 IST 2025 NEUTRAL CITATION C/SCA/19515/2019 ORDER DATED: 27/11/2025 undefined today.
It is further clarified that those employees, whose promotional avenues have been hampered on account of this litigation, shall now be reconsidered and appropriate decision in that regard be taken in accordance with law at the earliest."
(emphasis supplied)
8. When this Court has already directed the respondent authority to consider the case of all the employees, who voluntarily deposited the amount, id est, advance increment, and the same be paid to them within a period of two months from the date of the aforesaid decision; having not paid such amount to the petitioners, as the case may be, respondents failed to obey the direction issued by the Co-ordinate Bench of this Court.
9. This Court, after carefully going through the aforesaid judgment and the direction issued therein, definitely come to the conclusion that the direction issued in paragraph-12 of the aforesaid decision passed in rem, whereby it was legal obligation cast upon the respondents to refund the amount to the concerned employees. Furthermore, when the State has taken a conscious decision by way of its Resolution dated Page 9 of 11 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:11:27 IST 2025 NEUTRAL CITATION C/SCA/19515/2019 ORDER DATED: 27/11/2025 undefined 12.09.2014 issued through its Education Department not to affect any recovery of amount paid to the respondent employee, it was more obligatory on the part of the State to see that affected employees get back the recovered amount.
10. Having so observed earlier and as such remain undisputed fact that the respondents have not discharged their legal obligations as per the direction issued by this Court in the aforesaid decision, they are not only liable to refund the amount but as a matter of course requires to pay it with interest to petitioners.
11. At the same time, this Court is not oblivious of the fact that petitioners also remain silent for quite long time rather wake from slumber after aforesaid judgement passed by this Court, thus, approached this Court only in the year 2019; thereby considering the sui generis facts and circumstances of the case, I am of the view that while refunding the amount to petitioners so recovered from them, respondent-University is liable to pay such amount with interest at the rate of 6% per annum from 01.01.2020 till its realization. Page 10 of 11 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:11:27 IST 2025
NEUTRAL CITATION C/SCA/19515/2019 ORDER DATED: 27/11/2025 undefined
12. CONCLUSION:-
12.1 In view of the foregoing reasons, the present writ petition is partly allowed to the aforesaid extent with the following directions:
12.2 The respondents herein, more particularly, the respondent-University, is directed to refund the amount so recovered from the petitioners on or before 28.02.2026 along with interest at the rate of 6% per annum from 01.01.2020 till its actual payment.
12.3 If the respondent-University will fail to pay the aforesaid amount within the stipulated time as aforesaid, the petitioners will be entitled to receive the interest at the rate of 9% per annum on the amount of interest accrued from 01.01.2020 till 28.02.2026, till its actual realization.
12.4 Rule is made absolute to the aforesaid extent. At present no cost.
Direct service is permitted.
(MAULIK J.SHELAT,J) DIWAKAR SHUKLA Page 11 of 11 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:11:27 IST 2025