IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 10557 of 2018 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J. SHELAT ==========================================================

Approved for Reporting Yes No ✓

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ALKABEN RATILAL PATEL Versus STATE OF GUJARAT & ORS.

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Appearance:

MS MAMTA R VYAS(994) for the Petitioner(s) No. 1 MS NIDHI VYAS, ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3 NOTICE SERVED BY DS for the Respondent(s) No. 4 ==========================================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J. SHELAT Date : 09/02/2026

ORAL JUDGMENT

1. Rule returnable forthwith. Ms. Nidhi Vyas, learned Assistant Government Pleader, waives service of notice of Rule on behalf of respondent Nos.1 to 3.

2. Heard Ms. Mamta Vyas, learned Advocate for the petitioner and Ms. Nidhi Vyas, learned AGP for the respondent Nos.1 to 3. Though served, none appears for respondent No. 4 and as such, his presence is also not required for adjudication of this matter.

3. The present writ petition is filed under Article 226 of the Constitution of India, seeking the following reliefs:

“A) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to pay the interest on delayed payment of salary from date of appointment till the date of payment dated 06-03-2018 at the rate of 9% on Rs.

17,86,195/-.

(B) Pending admission, hearing and final disposal of this Writ petition, Your Lordships may be pleased to direct the respondents to deposit amount of interest on delayed payment of salary from date of appointment till the date of payment dated 06-03-2018 at the rate of 9%

on Rs.17,86,195/- before this Hon'ble court in fixed deposit.

(C) Be pleased to pass such other and further relief as may be deemed just and proper by Your Lordships in the facts and circumstances of the case.”

4. SUBMISSIONS OF THE PETITIONER:

4.1. At the outset, Ms. Mamta Vyas, learned Advocate for the petitioner, would submit that despite an order/direction issued by Gujarat Secondary Education Tribunal, Ahmedabad (hereinafter referred to as "the Tribunal") dated 31st August, 2009 passed in Application No. 129 of 2006, the claim of the petitioner was not decided by the respondent for long period of time, thereby, the petitioner was deprived to receive the benefit of regular pay. It is submitted that even prior thereto, learned Single Judge of this Court vide its judgment dated 4th May, 2009, passed in Special Civil Application No. 24223 of 2005 and allied matters, issued similar direction, then also, respondent-State has not decided the claim of the petitioner.

4.2. Ms. Vyas, learned Advocate would further submit that to implement the said direction of the Tribunal, the petitioner had to approach this Court by way of writ petition being Special Civil Application No. 7695 of 2016, wherein also, learned Single Judge of this Court vide its order dated 5th May, 2016 directed respondent to look into the matter of the petitioner and further directed that the said order of Tribunal be implemented and given effect to within four weeks from the date of order of this Court. Despite all, the respondent-State sat tight over the issue and ultimately, upon facing the contempt proceedings being Misc. Civil Application No. 1333 of 2017, eventually made the payment of Rs.17,86,195/- to the petitioner.

4.3. Ms. Vyas, learned Advocate, would vehemently submit that for no fault on the part of the petitioner, the legitimate salary of the petitioner was not paid by the respondent for long period of time, thereby, the respondent is liable to pay interest for the delayed payment. It is submitted that as per the settled legal position of law that, if the State fails to pay the salary and other legitimate dues of its employee without any justifiable reason, it is liable to