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NEUTRAL CITATION

C/SCA/3613/2024 JUDGMENT DATED: 24/03/2026

0.8651578677747912

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3613 of 2024

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE NIRZAR S. DESAI ==========================================================

Approved for Reporting Yes No ==========================================================

SANDEEP VINODKUMAR NATHWANI Versus STATE OF GUJARAT & ORS.

==========================================================

Appearance:

IG JOSHI(8726) for the Petitioner(s) No. 1 MR AAKASH GUPTA, ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the Respondent(s) No. 1

NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4 ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 24/03/2026

ORAL JUDGMENT

Rule

1. . Learned AGP waives service for the Respondents. 2. By way of this petition, the petitioner has prayed for

the following reliefs;

“7. …

A. This Hon’ble Court may be pleased to issue writ of mandamus or in the nature of mandamus or any other appropriate writ, order or direction directing the Respondent authorities to grant the suspension allowance due to the Petitioner as per Rule 68(2) of the Gujarat Civil Services (Joining Time, Foreign Service, Deputation Out of

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NEUTRAL CITATION

C/SCA/3613/2024 JUDGMENT DATED: 24/03/2026

0.8651578677747912

India, Payment During Suspension) Rules, 2002 and pay the same along with 12% interest for a period starting from

18.6.2021 to 11.11.2021.

B. During the admission, pendency and final disposal of the petition, be pleased to direct the Respondent authorities

to disburse the amount due and payable to the Petitioner.

C. Be pleased to grant such other and further relief to the Petitioner as may deem just and proper in the facts and

circumstances of the case.

D. Be pleased to grant the cost of the Petition.”

3. It is the case of the petitioner, as submitted by learned Advocate, Mr. Joshi, that the petitioner was appointed on the post of Assistant Professor (G.E.S. - Class-II) with Respondent No.3, on clearing GPSC examination. In the meantime, a criminal case came to be lodged against the petitioner and therefore, he was put under deemed

suspension vide order dated 18.07.2018.

3.1 Subsequently, the petitioner came to be convicted, at the end of the trial in Sessions Case No. 53 of 2018, vide order dated 18.06.2021 and the petitioner came to be

removed from the service by order dated 11.11.2021.

3.2 The petitioner preferred Criminal Appeal No. 1472 of 2021, along with an application for suspension of sentence, against his conviction, where, the application of the

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NEUTRAL CITATION

C/SCA/3613/2024 JUDGMENT DATED: 24/03/2026

0.8651578677747912

petitioner for suspension of sentence was allowed by this Court vide order dated 23.12.2021.

3.2.1 In the meantime, the petitioner had also preferred Special Civil Application No. 2033 of 2022, seeking his reinstatement in service with continuity of service, which came to be dismissed vide order dated 16.09.2022, against which the petitioner has preferred Letters Patent Appeal No.

1282 of 2022 and the same is pending.

3.3 It is the case of the petitioner that he was placed under deemed suspension with effect from 18.07.2018 and he was removed from service vide order dated 11.11.2021 and therefore, considering the interregnum period during which the petitioner had remained under suspension, the petitioner was paid ‘Subsistence Allowance’, the Gujarat Civil Services (Joining Time, Foreign Service, Deputation Out of India, Payment During Suspension) Rules, 2002 (in

brief, ‘Rules of 2002’).

3.4 The limited grievance of the petitioner, in this petition, is that he was not paid the subsistence allowance due to him, as per Rule 68