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
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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 -
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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.
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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
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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
