[Cites 1, Cited by 0]
Gujarat High Court
Hasmukhbhai Hiralal Patel vs State Of Gujarat on 9 April, 2026
NEUTRAL CITATION
C/SCA/15822/2019 JUDGMENT DATED: 09/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15822 of 2019
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2024
In R/SPECIAL CIVIL APPLICATION NO. 15822 of 2019
With
CIVIL APPLICATION (DIRECTION) NO. 1 of 2026
In R/SPECIAL CIVIL APPLICATION NO. 15822 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE MAULIK J. SHELAT
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Approved for Reporting Yes No
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HASMUKHBHAI HIRALAL PATEL
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR DILIP B RANA(691) for the Petitioner(s) No. 1
MS NIDHI VYAS, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2
MR DIPAN DESAI(2481) for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE MAULIK J. SHELAT
Date : 09/04/2026
JUDGMENT
1. Heard Mr. Dilip B. Rana, learned Advocate for the petitioner,
Mr. Dipan Desai, learned Advocate for the respondent No. 3,
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C/SCA/15822/2019 JUDGMENT DATED: 09/04/2026
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and Ms. Nidhi Vyas, learned Assistant Government Pleader for
the respondent Nos. 1 & 2.
2. The present writ petition is filed under Article 226 of the
Constitution of India, seeking the following reliefs:
"(A) The Hon'ble Court be pleased to issue a writ of mandamus or
writ in the nature of mandamus or any other appropriate writ,
order or direction by revocation of the order of suspension passed
against the petitioner by the respondent authority and subsequent
orders of extension of suspension period in view of the prolonged
inquiry by the respondent no. 3 without any lawful reason.
(AA) The Hon'ble Court be pleased to direct the respondent no. 3
market committee to release the retiral dues of the petitioner who
retired from service by attaining the age of superannuation on
30.09.2019
(B) Alternatively, the Hon'ble Court be pleased to issue a writ of
certiorari or writ in the nature of certiorari or any other appropriate
writ, order or direction by directing the respondent no. 3
Administrator to finalize the proceedings initiated against the
petitioner pursuant to the show cause notice dated 21.08.2018
before the petitioner retire from the post by attaining the age of
superannuation.
(C) Pending hearing and final disposal of this petition, the Hon'ble
Court be pleased to pass mandatory order directing the
respondent no. 3 Administrator to finalize the proceedings initiated
against the petitioner pursuant to the show cause notice dated
21.08.2018 before the petitioner retire from the post by attaining
the age of superannuation.
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(D) The Hon'ble Court may be pleased to pass such other order or
orders as may be deemed just and proper in the circumstances of
the case."
3. At the outset, Mr. Rana, learned Advocate for the petitioner,
would state that during the pendency of this petition, the
petitioner reached the age of superannuation and as such, was
exonerated from the inquiry whereby he was suspended.
3.1. Mr. Rana, learned Advocate, would further state that there
was a delay in making the retiral payment for which the
petitioner is entitled to receive interest and therefore, the
petitioner has filed Civil Application No. 1 of 2026 in this
matter for interest and the difference of pay in regards to non-
grant of benefit of the 7th Pay Commission by the respondents.
3.2. Furthermore, Mr. Rana, learned Advocate, would state that
there is another proceeding pending before the Managing
Director, Gujarat State Agricultural Marketing Board,
Gandhinagar, against the petitioner and due to such pendency,
the respondents are sitting tight over the difference of pay and
therefore, the petitioner has also filed another application,
being Civil Application No. 1 of 2024, to join the said
Managing Director.
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4. Per contra, Mr. Desai, learned Advocate for the respondent
No.3, would submit that during the pendency of this petition,
not only the petitioner stands exonerated from the inquiry, but
all legitimate retiral dues of the petitioner have been paid and
received by the petitioner. So, nothing would survive in the
main matter, i.e., Special Civil Application No. 15822 of 2019.
4.1. Mr. Desai, learned Advocate, would further submit that so far
as the prayer made in Civil Application No. 1 of 2026 is
concerned, which is identical to the prayer made in Civil
Application No. 1 of 2026 in Special Civil Application No.
7480 of 2024 filed by the petitioner, which is pending for
adjudication. It is submitted that the petitioner cannot be
allowed to ride on two horses at the same time with identical
prayers.
5. Ms. Vyas, learned AGP, would adopt the arguments of Mr.
Desai, learned Advocate for the respondent No.3.
6. No other and further submissions are being made.
ANALYSIS:
7. Having heard the learned Advocates appearing for the
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respective parties and upon appreciation, it is not in dispute
that during the pendency of this petition, the petitioner reached
the age of superannuation and as such, was exonerated from
inquiry. Accordingly, the petitioner has been paid all retiral
dues, yet the petitioner has a grievance about non-receipt of
difference of pay qua benefit of the 7th Pay Commission by the
respondents.
8. Mr. Rana, learned Advocate for the petitioner, would be
unable to controvert the submissions of Mr. Desai, learned
Advocate for the respondent No. 3, that the prayer made in the
aforesaid application being Civil Application No. 1 of 2026
filed in this petition, the similar prayer has been made in Civil
Application No. 1 of 2026 filed in Special Civil Application
No. 7480 of 2024. According to my view, the original prayers
made in this petition are no longer survive, inasmuch as the
petitioner is already exonerated from the inquiry and as such,
paid the retiral dues. At the same time, so far as any difference
of pay and interest on the delayed payment of retiral dues are
concerned, the petitioner has already filed another application
in the aforesaid petition, there is no reason for this Court to
continue this petition any longer.
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9. As far as the prayer made in Civil Application No. 1 of 2024 is
concerned, Mr. Rana, learned Advocate for the petitioner,
would be unable to substantiate that how the Managing
Director, Gujarat State Agricultural Marketing Board, is a
necessary party in this matter, except to the fact that due to
pendency of any such proceeding before the said Managing
Director, the respondent might not have released the benefit of
the 7th Pay Commission to the petitioner. Thus, in my view,
Civil Application No. 1 of 2024 cannot be entertained by this
Court, as the proposed respondent, i.e., the Managing
Director, Gujarat State Agricultural Marketing Board, is
neither necessary nor proper party in this petition.
Nevertheless, it is open for the petitioner to request the said
Managing Director for an early adjudication of the pending
matter before him. Any such request will be made by the
petitioner, the same shall be considered by the Managing
Director, Gujarat State Agricultural Marketing Board and
with the cooperation of all parties concerned, he is requested to
adjudicate the lis between the parties at the earliest, preferably
within three months from the date of receipt of such
application, as the petitioner is already superannuated.
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10. In view of the aforesaid discussions and reasons, according to
my view, nothing survives in this matter. Before parting with, it
is made clear that so far as the prayer made by the petitioner in
Civil Application No. 1 of 2026 is concerned, it is open for the
petitioner to press such relief in the aforesaid petition and in
any application which is filed therein.
11. The present petition being Special Civil Application No. 15822
of 2019 stands disposed of. Notice is discharged.
12. Civil Application No. 1 of 2024 is hereby rejected and Civil
Application No. 1 of 2026 stands disposed of.
(MAULIK J. SHELAT, J)
NILESH
