Gujarat High Court
Pravinbhai Rayajibhai Patel vs State Of Gujarat on 9 May, 2025
NEUTRAL CITATION
C/SCA/7862/2011 JUDGMENT DATED: 09/05/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7862 of 2011
With
CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2024
In R/SPECIAL CIVIL APPLICATION NO. 7862 of 2011
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE D.N.RAY
==========================================================
Approved for Reporting Yes No
==========================================================
PRAVINBHAI RAYAJIBHAI PATEL
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR MUNJAAL BHATT, Advocate for MS SHAILEE S JOSHI(11582)
for the Petitioner(s) No. 1
MS DEVANSHIBA RANA AGP for the Respondent(s) No. 1,2
MR UM SHASTRI(830) for the Respondent(s) No. 3
==========================================================
CORAM:HONOURABLE MR.JUSTICE D.N.RAY
Date : 09/05/2025
ORAL JUDGMENT
1. Heard learned advocate Mr. Munjaal Bhatt for learned
advocate Ms. Shailee S. Joshi for the Petitioner and learned
Assistant Government Pleader Ms. Devanshiba Rana for the
Respondents.
2. Rule returnable forthwith. Learned Assistant
NEUTRAL CITATION
C/SCA/7862/2011 JUDGMENT DATED: 09/05/2025
undefined
Government Pleader Ms. Devanshiba Rana waives services of
Notice of rule for the Respondents. With the consent of learned
advocates for the respective parties, the matter is taken up for
hearing, as the issue involved is very short.
3. The brief facts of the case are as under:
3.1 The case of the Petitioner, in nuce, is that, he was
initially appointed as a primary teacher under the
Respondents on 01.12.1984. Pursuant to due selection, he
was deputed as Cluster Resource Centre (CRC) Coordinator
under the District Primary Education Programme (DPEP) by
order dated 19.08.1997. Upon the conclusion of the DPEP on
30.06.2003, the Petitioner continued in the same capacity
under the Sarva Shiksha Abhiyan (SSA) with effect from
01.07.2003.
3.2 On 05.07.2003, while discharging his duties as CRC
Coordinator, the Petitioner visited Dayal Kankra Varg
Primary School and found No teachers present, including the
Head Teacher, Smt. Deepikaben Dhulabhai Shrimali. He
accordingly undertook teaching and served the mid-day meal.
The local Sarpanch, who also served as Chairman of the
Village Education Committee (VEC), visited the school,
recorded the absence of the staff, and prepared a Panch-
NEUTRAL CITATION
C/SCA/7862/2011 JUDGMENT DATED: 09/05/2025
undefined
Case, to which the Petitioner was a signatory.
3.3 Subsequently, on 07.07.2003, the said Head Teacher
lodged a complaint against the Petitioner with Respondent
No. 3. It is the Petitioner's case that the complaint was
actuated by mala fides and personal animosity, and that the
complainant was herself facing allegations of misconduct and
had been transferred by way of punishment. An inquiry was
conducted through two Bit-Kelavani Nirikshaks, whose report
allegedly found the complaint to be baseless.
3.4 Nevertheless, on 29.10.2004, Respondent No.3 issued
orders cancelling the Petitioner's deputation as CRC
Coordinator and directed his reversion to Khuntvadiya
Vankod Primary School, Taluka Ghoghamba. These orders
were passed without affording the Petitioner an opportunity
of hearing and are alleged to be in breach of the principles of
natural justice.
3.5 Aggrieved, the Petitioner instituted Regular Civil Suit
No. 419/2004 before the Civil Court and applied for interim
relief. His application for temporary injunction was rejected
vide order dated 23.12.2004. The Civil Misc. Appeal No.
126/2004 preferred there against was also dismissed by the
District Court on 09.02.2005. However, in para 18 of the
NEUTRAL CITATION
C/SCA/7862/2011 JUDGMENT DATED: 09/05/2025
undefined
judgment, the court observed that the Petitioner ought to
have been placed at a CRC centre or repatriated to a location
proximate to his wife's place of service. The final order was
subsequently modified by the District Court on 11.02.2005 to
reflect this expectation.
3.6 At the relevant time, the Petitioner's wife was serving
at Bhekhadiya Primary School. Despite this, Respondent
No.3, by letter dated 16.04.2005, reiterated the earlier
reversion order. The Petitioner objected and repeatedly
sought implementation of the District Court's direction,
through various communications dated 11.10.2005,
04.09.2006, 05.11.2007, and 17.12.2007. Nevertheless,
Respondent No.3 continued to issue directions to report at
the reverted post and ultimately issued a show cause Notice
on 20.12.2007. The Petitioner contested the same.
3.7 Subsequently, the Petitioner was directed to attend a
Transfer Camp on 04.05.2008 but reiterated his request for
appointment as CRC Coordinator at the Mahuliya centre,
where a vacancy allegedly existed. It was alleged that no
inquiry under the Gujarat Panchayat Service (Discipline and
Appeal) Rules, 1997 was initiated, nor was the Petitioner
granted an opportunity of hearing. Instead, Respondent No.3
NEUTRAL CITATION
C/SCA/7862/2011 JUDGMENT DATED: 09/05/2025
undefined
issued an order dated 13.02.2009 dismissing the Petitioner
from service.
3.8 The Petitioner preferred an appeal under Section 24(2)
of the Bombay Primary Education Act, 1947. The District
Primary Education Tribunal partly allowed the appeal on
01.06.2009, observing that the State Government could
consider reappointing the Petitioner as a primary teacher. In
furtherance of this, the Petitioner submitted representations
dated 30.06.2009 and 05.12.2009.
3.9 On dismissal of Special Civil Application No. 9375/2010
on 27.08.2010 by the High Court, the Petitioner again
approached the Tribunal. It was mentioned by the Petitioner
that, despite earlier directions, the Tribunal passed a
subsequent order dated 21.03.2011, communicated on
28.04.2011, upholding the dismissal order dated 13.02.2009
without any speaking reasons and without implementing its
own earlier order dated 01.06.2009. The Petitioner contends
that the Tribunal, in effect, exercised a power of review not
vested in it by the statute.
4. Accordingly, the Petitioner has preferred the present writ
petition under Article 226 of the Constitution of India, with the
following prayers:
NEUTRAL CITATION
C/SCA/7862/2011 JUDGMENT DATED: 09/05/2025
undefined
"(a) to quash and set aside the impugned order dated 21-3-
2011/28-4-2011 passed by the District Primary Teachers
Tribunal as per Annexure-L colly.
(b) to quash and set aside the impugned order dated 13-2-
2009 passed by the respondent No.3 District Primary
Education Officer, Godhara as per Annexure-D;
(c) to direct the respondents to give re-appointment to the
petitioner in accordance with the order of the District Primary
Teachers Tribunal dated 1-6-2009 as per Annexure -F;
(d) to direct re-instatement of the petitioner in service with
the continuity of service and all other consequential benefits
as if the impugned orders were never passed;
(e) PENDING THE HEARING AND FINAL DISPOSAL OF THIS
PETITION, BE PLEASED to direct the respondents to give re-
appointment to the petitioner in accordance with the order of
the District Primary Teachers 1-6-2009 as per Annexure -F;
Tribunal dated
(F) Your Lordships may be pleased to issue writ of mandamus
or any other appropriate writ, direction or order in the nature
of mandamus for direct the respondent authorities to grant all
the pension any benefits, gratuity, leave encashment, etc,
upon their retirement from service, and;
(G) Your Lordships may be pleased to issue writ of mandamus
or any other appropriate writ, direction or order in the nature
of mandamus for directing the respondent authorities to grant
the retirement benefits along with regular higher pay scale to
the applicant considering the continue service of the applicant
with all ancillary and adjacent benefits as well as arrears with
the interest therein, in the interest of justice.
(H) Your Lordships may be pleased pending admission and
final disposal of this petition, the Hon'ble Court may be
pleased to direct the respondent authorities to make payment
of provisional pension and provisional gratuity to the
petitioners and/or in the interest of justice."
5. Mr.Munjaal Bhatt learned advocate has submitted that the
petitioner, while approaching this Court in the year 2011 had a
NEUTRAL CITATION
C/SCA/7862/2011 JUDGMENT DATED: 09/05/2025
undefined
clear case on merits inasmuch as the dismissal order dated
30.02.2009 was non speaking and the tribunal's own order, passed
earlier on 01.06.2009 had not been implemented and therefore the
impugned order dated 21.03.2011, communicated to the petitioner
on 28.04.2011, was clearly erroneous and deserves to be set aside
unfortunately, after waiting for 11 years, the petitioner's age of
superannuation had been reached and today, except monetary
compensation, no other order would do justice to the petitioner's
cause.
6. Mr.Munjaal Bhatt, further submitted that it would be
apparent from the interim order passed by this Court from time to
time that the petitioner's prima facie case was accepted and it was
only because the Respondent No.3 avoided a hearing and kept the
matter pending without complying the interim orders of this Court,
that the petitioner has been suffering.
7. As noted in so many different orders of this Court in previous
proceedings, none appears for the Respondent No.3. Upon perusal
of the affidavit in reply dated 28.09.2011 and the further affidavit
in reply dated 19.08.2016 it will be seen that the respondent No.3
has primarily taken two defences: A. That the petitioner had
remained absent continuously from work for a period of five years
and therefore, he has abandoned the service. B. The petitioner had
NEUTRAL CITATION
C/SCA/7862/2011 JUDGMENT DATED: 09/05/2025
undefined
an alternative and efficacious remedy against the order of the
tribunal by way of revision before the State Government.
8. It will be seen from the order dated 11.02.2005 passed by the
learned District Court that there was a clear direction upon the
respondents including the Respondent No.3 to "place the appellant
at other center as coordinator, or other wise at the place near his
wife's place of service, at the earliest opportunity." The aforesaid
directions were never followed by the Respondents and therefore,
the Respondents cannot complaint that the petitioner has
abandoned his service, simply because, the Respondents had not
placed the petitioner at the proper place of service, as directed by
the order dated 11.02.2005.
9. From the perusal of the orders dated 30.11.2011, 08.02.2012,
05.03.2012, 27.07.2016, 16.09.2016, 27.09.2016 and 20.03.2019, it
is clear that for the last 14 years, in spite of the specific orders of
this Court, the Respondent no.3 has neither complied with such
directions nor has argued the matter on merits. Today also, the
Respondent no.3 is not present in the Court through advocate. In
the meanwhile, the Petitioner who had filed the instant petition in
the year 2011 would have superannuated in the year 2022. The
narration of the aforesaid events as encapsulated in great detail by
the preceding orders of this Court, portrays a shocking and
NEUTRAL CITATION
C/SCA/7862/2011 JUDGMENT DATED: 09/05/2025
undefined
harrowing sequence of inaction and lack of empathy, which, as
recorded in the order dated 16.09.2016 (Coram: Hon'ble Smt.
Justice Abhilasha Kumari) "in the view of this Court, this conduct
does not behove the respondents, who hold responsible positions".
10. In view of the above and considering the fact that the
Petitioner had waited ad-infinitum and knocked on the doors of
justice, ad-nauseum, and would have eventually superannuated
from the post of primary teacher, if appointed, this Court deems it
fit to award a lump sum compensation of Rs.50,00,000/- to the
petitioner. The same shall be paid within a period of 6 weeks from
the date of uploading of this order. The respondent no.3 shall
further pay costs of Rs.1,00,000/- to the Gujarat State Legal
Service Committee.
11. In view of the order passed in Special Civil Application
No.7862 of 2011, the Civil Application no. 1 of 2024 does not
survive and is accordingly disposed of.
12. Rule is made absolute with the aforesaid extent.
(D.N.RAY,J)
VARSHA DESAI/KAJAL
