IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 777 of 2020 FOR APPROVAL AND SIGNATURE:

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

Approved for Reporting Yes No ✓

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REKHABEN GANESHBHAI PARMAR Versus STATE OF GUJARAT & ORS.

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Appearance:

MS MAMTA R VYAS(994) for the Petitioner(s) No. 1 ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the Respondent(s) No. 1 MR AJ YAGNIK(1372) for the Respondent(s) No. 3 NOTICE SERVED BY DS for the Respondent(s) No. 1,2,3,4,5 MS FORUM SHAH, ASSISTANT GOVERNMENT PLEADER for the Respondent-STATE ==========================================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 13/03/2026

JUDGMENT

1. At the outset, Ms. Mamta R. Vyas, learned Advocate for the petitioner, is submitting the affidavit of the petitioner dated 10.03.2026, wherein, it is stated that she was remained unemployed from 15.04.2006 to 03.05.2019. The said affidavit is taken on record.

2. RULE returnable forthwith. Ms. Forum Shah, learned Assistant Government Pleader, waives service of notice of Rule on behalf of respondent-State. Mr. A. J. Yagnik, learned Advocate, waives service of notice of Rule on behalf of respondent No.3.

3. Heard Ms. Mamta R. Vyas, learned Advocate for the petitioner, Ms. Forum Shah, learned AGP for the respondent- State and Mr. Sanket T. Pawar, learned Advocate appearing on behalf of Mr. A. J. Yagnik, learned Advocate for the respondent No.3.

4. 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 quashing and setting aside the order dated 18/07/2019 qua not granting the salary and further be pleased to direct the respondents to pay the actual salary for the period from 15/04/2006 to 03/05/2019 alongwith interest.

B. Pending admission, hearing and final disposal of this Writ petition, Your Lordships may be pleased to stay the order dated 18/07/19 and direct the respondents to reconsider matter and pass the fresh order and produce it before the Hon'ble court;

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.”

5. THE SHORT FACTS OF THE CASE APPEAR TO BE THAT:

5.1. The petitioner, after due procedure of selection, was appointed as Vidya Sahayak w.e.f. 23.09.2002. She is possessing requisite qualifications and belongs to the Scheduled Caste. The petitioner joined the service with respondent No. 5-School.

5.2. The petitioner appears to be suffering from illness and remained absent for some time. The leave of the petitioner from 01.11.2005 to 07.03.2006 for 135 days, appears to have not been allowed and for such reason, respondent No. 5 did not allow her to resume duty. The petitioner approached the Taluka Development Officer on 18.03.2006 to allow her to resume the duty, who forwarded her application to respondent No. 3 - the District Primary Education Officer (hereinafter referred to as “DPEO”). The petitioner's service came to be terminated by respondent No. 3 on 15.04.2006.

5.3. The Petitioner challenged the said order of termination before this Court by way of writ petition, being SCA No. 9737 of 2006, which came to be partly allowed by this Court vide its judgment dated 15.04.2009. Accordingly, this Court has quashed and set aside the order of termination and remanded the matter back to the respondent authority by issuing the following directions and observations:

“13. The present writ petition succeeds. The termination order is hereby quashed and set aside. The respondents are hereby directed to reinstate the present petitioner and thereafter, issue show cause notice within a period of 15 days from the date of receipt of this order. The p