Gujarat Vidyapith vs Shilpaben Sureshbhai Rathod
2026 Latest Caselaw 2154 Guj

Gujarat High Court

Gujarat Vidyapith vs Shilpaben Sureshbhai Rathod on 9 April, 2026

                                                                                                                      NEUTRAL CITATION




                            C/LPA/288/2026                                          JUDGMENT DATED: 09/04/2026

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                        R/LETTERS PATENT APPEAL NO. 288 of 2026
                                                            In
                                         R/SPECIAL CIVIL APPLICATION/14650/2019
                                                           With
                                        CIVIL APPLICATION (FOR STAY) NO. 1 of 2026
                                                            In
                                        R/LETTERS PATENT APPEAL NO. 288 of 2026
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                                                      GUJARAT VIDYAPITH
                                                            Versus
                                                SHILPABEN SURESHBHAI RATHOD
                       ==========================================================
                       Appearance:
                       MR JAYANT P BHATT(169) for the Appellant(s) No. 1
                       MS MAMTA R VYAS(994) for the Respondent(s) No. 1
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                         CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
                               and
                               HONOURABLE MR.JUSTICE J. L. ODEDRA

                                                             Date : 09/04/2026

                                            ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)

1. This appeal has been preferred by challenging the order of the learned Single Judge by which the writ petition of the respondent was allowed and she was ordered to be treated as a regular employee with effect from 16.10.2017.

2. At our instance, to enter into a settlement, learned counsels for the parties were gracious enough to accept this suggestion and today, they submitted a joint memorandum of compromise in presence of the respondent, which reads as under:

NEUTRAL CITATION

C/LPA/288/2026 JUDGMENT DATED: 09/04/2026

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"The parties have mutually agreed to resolve the dispute on the following terms and conditions:

(1) Notional Regularization: The Appellant (Gujarat Vidyapith) agrees to treat the Respondent as a regular employee strictly on a notional basis with effect from 16.10.2017, in consonance with the date stipulated in the impugned order passed by the Hon'ble Single Judge.

(2) Payment of Arrears & Continuity of Service: The Respondent (Shilpaben Sureshbhai Rathod) agrees to accept a consolidated lump-sum amount of ₹20,00,000/-(Rupees Twenty Lakhs Only) from the Appellant towards the arrears of salary for the period spanning 17.10.2017 to 17.12.2025. Furthermore, the Respondent's tenure from 16.10.2017 to 17.12.2025 shall be treated as continuous in service for all relevant service and administrative purposes.

(3) Commencement of Regular Salary: The Appellant undertakes to disburse the regular salary and applicable allowances to the Respondent prospectively, commencing from 01.04.2026 onwards.

(4) Modification of the Impugned Judgment: In view of the aforesaid terms, both parties mutually consent and agree that the oral judgment dated 17.12.2025 passed by the Hon'ble Single Judge in Special Civil Application No. 14650 of 2019 be modified to the extent of the present compromise.

(5) Full and Final Settlement: The payment of the aforesaid lump-sum compensation of ₹20,00,000/- shall constitute a full, final, and absolute settlement of all financial claims, including arrears of salary, wage differentials, and any other consequential monetary benefits arising out of the impugned oral judgment dated 17.12.2025.

(6) The Respondent Agrees to vacate the Premises allotted to her by the Appellant within a period of three month and from the date on which she vacates the said premises she shall be entitled to House Rent Allowance

NEUTRAL CITATION

C/LPA/288/2026 JUDGMENT DATED: 09/04/2026

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(HRA) as per the applicable rules and policies."

3. The appeal is DISPOSED OF in terms of the settlement arrived at between the parties.

4. The terms of settlement shall be complied with, within EIGHT WEEKS from today.

5. Pending Civil Application stands DISPOSED OF.

Sd/-

(N.S.SANJAY GOWDA,J)

Sd/-

(J. L. ODEDRA, J) OMKAR