Gujarat High Court
Lilavati Shantilal Madhu vs State Of Gujarat on 14 August, 2025
NEUTRAL CITATION
C/SCA/4903/2020 JUDGMENT DATED: 14/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4903 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE SANDEEP N. BHATT
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Approved for Reporting Yes No
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LILAVATI SHANTILAL MADHU
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR KB PUJARA(680) for the Petitioner(s) No. 1
MR. HENIL SHAH, AGP for the Respondent(s) No. 1 - STATE
GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3,4,5,6,7
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 14/08/2025
ORAL JUDGMENT
1. Rule returnable forthwith. Learned advocate for the
respondent waives service of notice of rule on behalf of
respondent. With the consent of the parties, the matter
is considered for final disposal and disposed of
accordingly.
2. The present petition is filed for seeking the
following reliefs:
"(a) to direct the respondents to forthwith re-instate the
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petitioner in service with continuity of service and back-
wages and all other consequential benefits, as she has
already been acquitted in Criminal Case by Judgment &
Order dtd. 4-5-2015 passed in Criminal Appeal No.
100/2004 (Coram: K.J.Thaker, J) as per Annexure-C;
(b) to quash and set aside the impugned order of dismissal
of the petitioner from service dated 24-7-2006 as per
Annexure M which was passed only on the basis of the
petitioner's conviction by the Ld. Trial Court, but it is now
set aside by the Hon'ble High Court, by Judgment &
Order dtd. 4-5-2015 passed in Criminal Appeal No.
100/2004 (Coram: K.J.Thaker, J) as per Annexure-C;
(c) PENDING THE HEARING AND FINAL DISPOSAL OF
THIS PETITION, BE PLEASED to direct the respondents
to forthwith allow the petitioner to resume duties and to
draw salaries as Gynaecologist, Class-I at General Hospital,
Amreli, subject to further orders that may be passed by
this Hon'ble Court;
(d) to direct the respondents to pay all the monetary
benefits together with interest @ 18% per annum with
w.e.f. the date of Judgement of acquittal dated 4-5-2015
rendered by the Hon'ble High Court;
(e) to allow this petition with costs of Rs. 1,75,000/-;
(f) to grant any other appropriate and just relief/s;"
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3. Heard Mr. K.B. Pujara, learned advocate for the
petitioner and Mr. Henil Shah, learned AGP for the
respondent-State.
4.1 Mr. K.B. Pujara, learned advocate for the petitioner
has drawn my attention towards the order dated
24.02.2020 passed by the Co-ordinate Bench of this
Court, which reads thus:
"1. The case of the petitioner is that the petitioner who
was serving as a full time Gynaecologist in Class-III
service, was dismissed from service on the ground of her
conviction on 07.01.2004 in Special Case No. 46 of 1995.
On an appeal being preferred, being Criminal Appeal No.
100 of 2004, this Court by a judgment and order dated
04.05.2015, allowed the appeal and acquitted the petitioner.
The case of the petitioner is that dismissal was solely
based on the conviction of the petitioner in the criminal
case.
2. Once, the petitioner has been acquitted of the criminal
case, there is no reason why the petitioner should not be
reinstated in service. The respondents, shall on the
returnable date i.e. 16.03.2020, respond as to why the
petitioner should not be reinstated forthwith, if there is no
other disqualification.
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Issue Notice to the respondents, returnable on
16.03.2020. Direct service is permitted."
4.2 He has also drawn my attention towards the order
dated 21.09.2022 passed by the Co-ordinate Bench of this
Court, which reads thus:
"Heard Mr. Pujara, learned counsel for the petitioner.
Pursuant to a conviction in a Criminal Case on
7.1.2004,the petitioner has been dismissed from service on
24.7.2006. By a judgment and order dated 4.5.2015 in
Criminal Appeal No.100/2004, the conviction has been set
aside and the petitioner has been acquitted. The
respondents are directed to consider and pass an
appropriate order on or before 10.11.2022 in light of the
fact that since the order of dismissal was solely based on
conviction as to why the petitioner should not be reinstated.
On the next date, the decision on the representation
dated 15.9.2015 shall also be taken.
Stand over to 11.11.2022."
4.3 He has also submitted that thought the order of
dismissal is revoked by the State Government but
reinstatement is yet not granted to the petitioner and
petitioner is ready and willing to join the service if the
Court directs to do so. He has also drawn the attention
of this Court towards various documents as well as
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averments made in the present petition. In view of the
above, he has prayed to allow the present petition.
5. Per contra, Mr. Henil Shah, learned AGP for the
respondent-State has strongly opposed the contention
raised at the bar by learned advocate for the petitioner
and has submitted that there is delay on the part of the
petitioner to approach this Court. By referring to his
affidavit-in-reply, he has submitted that no relief as
prayed for in the present petition can be granted to the
petitioner as there is no illegality or impropriety
committed by the respondent-Authority in terminating the
service of the petitioner. In view of the above, he has
prayed to dismiss the present petition.
6.1 I have considered the rival submissions made at the
bar by the respective parties. I have considered the
prayers prayed in the present petition. Considering the
fact that now State has revoked the order of
terminations on 30.01.2023 during the pendency of the
present proceeding and considering the fact that
petitioner is willing to join the services, there is now
only issue, which reams is that appropriate direction is
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required to be passed.
6.2 Considering the orders dated 24.02.2020 and
21.09.2022 passed by the Co-ordinate Bench of this Court
and considering the fact that the petitioner is willing to
join the duty and considering the fact that reinstatement
is yet not permitted by the respondent-Authority and
considering the totality of the facts and circumstances of
the present case and considering the fact that now
termination order itself is revoked and considering the
fact that conviction is set aside in conviction appeal on
04.03.2015, the prayers made in the present petition is
require to be considered.
7. Accordingly, the present petition is allowed in terms
of paragraphs 10(A) and (D) of the present petition.
8. It is also further directed that the petitioner shall
report before the respondent No.2-Authority on
21.08.2025. On that day, the respondent No.2-Authority
will do needful to carry out necessary formalities
pursuant the same.
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9. Considering the peculiar facts and circumstances of
the case and considering the subsequent development in
the matter, facts and other aspects of the matter are not
discussed in detail.
10. Rule is made absolute accordingly. Direct service is
permitted.
(SANDEEP N. BHATT,J)
DIWAKAR SHUKLA
