Gujarat High Court
Dinaben Natvarbhai Suthar vs The State Of Gujarat on 11 September, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/12411/2025 ORDER DATED: 11/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12411 of 2025
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DINABEN NATVARBHAI SUTHAR
Versus
THE STATE OF GUJARAT & ORS.
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Appearance:
IG JOSHI(8726) for the Petitioner(s) No. 1
MR ADITYA PATHAK, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1,2
NOTICE SERVED BY DS for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 11/09/2025
ORAL ORDER
1. Heard learned advocate Mr.I.G.Joshi appearing on behalf of the petitioner and learned Assistant Government Pleader Mr.Aditya Pathak appearing on behalf of the respondents.
2. Issue Rule returnable forthwith. Learned AGP Mr.Pathak waives service of rule on behalf of all the respondents.
3. With the consent of parties, the petition is taken up for final disposal.
4. The grievance of the petitioner being that the petitioner, who was originally appointed as a Cashier, Class-III with the respondent - University after successfully clearing the Page 1 of 5 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 06:51:23 IST 2025 NEUTRAL CITATION C/SCA/12411/2025 ORDER DATED: 11/09/2025 undefined recruitment process initiated vide advertisement dated 10.04.2015. It appears that the petitioner was working as such and whereas, insofar as an issue with regard to revising the salary to the petitioner as per the recommendation of the 7th Pay Commission, the respondents had initiated proceedings for recovering an amount of Rs.7,76,176/- more particularly on the ground that the petitioner was not entitled for the same as the petitioner had been appointed on a fixed pay scale.
4.1. It appears that the petitioner had challenged the said recovery before the learned Gujarat Education Institution Services Tribunal, Ahmedabad vide Application No.14/2022 and whereas, vide judgment dated 25.04.2025, the learned Tribunal had held in favour of the petitioner by setting aside the recovery.
4.2. In the meantime, the petitioner had participated in a selection process for the post of Accountant, Class-III advertised by the Gujarat Technical University and whereas, the petitioner being declared successful to join the selected post, the petitioner was required to furnish a No Objection Certificate and/or a relieving letter from the respondent no.3 - Page 2 of 5 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 06:51:23 IST 2025
NEUTRAL CITATION C/SCA/12411/2025 ORDER DATED: 11/09/2025 undefined University.
4.3. It appears that the petitioner had submitted an application for resignation / for being relieved from service pursuant to her selection and appointment as an Accountant at Gujarat Technical University, Mehsana and vide a communication dated 28.08.2025, the respondent - University had inter alia rejected the said request on the ground that the respondent no.3 University was in the process of preferring a writ petition challenging the order of the Tribunal. Since the petitioner is required to assume charge before 22.09.2025 and whereas, the respondent no.3 i.e. her present employer not accepting the resignation or not relieving her, has resulted in the petitioner being required to approach this Court.
5. Without entering into the grater details, it would appear that at paragraph no.2.13, the petitioner has stated as such:-
"2.13. For the sake of brevity and completion of facts, the Petitioner states that after the receipt of aforesaid reply by the Respondent University, the Petitioner addressed a letter dated 30.08.2025 to the Respondent that in the eventuality of the order of the Ld. Tribunal being set aside by this Hon'ble Court, the Petitioner would be bound by such decision and direction which may arise in the eventuality the State Government decides to challenge the order of the Ld. Page 3 of 5 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 06:51:23 IST 2025 NEUTRAL CITATION C/SCA/12411/2025 ORDER DATED: 11/09/2025 undefined Tribunal. A copy of the letter dated 30.08.2025 is annexed hereto and marked as Anexure P."
5.1. Attention of this Court is also drawn to a communication by the petitioner to the respondent no.1 herein dated 30.08.2025 whereby the petitioner had undertaken that in case she loses before this Court, she would refund the amount allegedly overpaid to the petitioner amounting to Rs.7,76,176/-.
6. Considering the above i.e. an undertaking on oath in the memo of the petition and a specific undertaking to the respondent no.1, both of which, the learned advocate for the petitioner would reiterate, the State had been directed to take instructions and whereas, it is submitted by learned AGP on instruction that subject to the undertakings as above, the petitioner's resignation would be accepted and whereas, it is observed that this Court may appropriately direct the petitioner to abide by her undertaking.
7. Considering such a situation, the following directions, to this Court, would meet with the ends of justice:-
(i) The respondent no.3 to forthwith accept the Page 4 of 5 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 06:51:23 IST 2025 NEUTRAL CITATION C/SCA/12411/2025 ORDER DATED: 11/09/2025 undefined resignation / relieving letter presented by the present petitioner.
(ii) The above acceptance of resignation / relieving would be subject to the petitioner abiding by the undertaking given by the petitioner to repay the amount in question in case the petitioner loses in the proposed petition that may be filed by the respondent no.3 - University albeit after exhausting the legal remedies available to the petitioner.
8. With these observations and directions, the present petition stands disposed of as partly allowed. Direct service is permitted.
(NIKHIL S. KARIEL,J) Bhoomi Page 5 of 5 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 06:51:23 IST 2025