IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 5478 of 2023 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J.SHELAT Sd/-

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

Approved for Reporting Yes No ✓

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

SUDHA MENENDBHAI ODEDRA Versus JOINT DIRECTOR OF EDUCATION (10 PLUS 2) & ORS.

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

Appearance:

MS MAMTA R VYAS(994) for the Petitioner(s) No. 1 MS. NIDHI VYAS, AGP for the Respondent(s) No. 1 MS.DILBUR CONTRACTOR(6388) for the Respondent(s) No. 3 NOTICE SERVED BY DS for the Respondent(s) No. 1,2 ==================================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 13/02/2026 ORAL JUDGMENT [1] Heard Ms. Mamta R. Vyas, learned advocate for the petitioner, Ms. Nidhi Vyas, learned AGP for respondent No.1 as also Ms. Dilbur Contractor, learned advocate for respondent No.3, at length.

[2] RULE returnable forthwith. Ms. Nidhi Vyas, learned AGP waives service of notice of rule for and on behalf of respondent No.1 as also Ms. Dilbur Contractor, learned advocate, waives service of notice of rule for and on behalf of respondent No.3.

With consent of learned advocates, matter was heard finally.

[3] The present writ petition is filed under Articles 14, 16 and

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 regularize the period of suspension from 14/06/2006 to 17/04/2011 and further be pleased to direct the respondents to consider the said period as a continuous period for all the purposes and pay all consequential benefits as also refix the pension forthwith and further be pleased to direct the respondents to pay the arrears on that basis of pension, gratuity with interest.

13 (AA): Be pleased to quash and set aside the order of the State Government dt.30/11/2024 and further be pleased to direct the respondent authority to pass appropriate order of regularizing the period from 14/06/2006 to 17/04/2011 and pay all the retiral dues considering her services from 14/03/1989 to 31/05/2020 as continuous service and pay all arrears (B) 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 amount of leave encashment which is not paid till today with interest till its realization;

(C) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to extend the benefit of second Higher Pay Scale from 2009 and to pay the arrears on that basis till realization with interest;

(D) Pending admission, hearing and final disposal of the present petition, Your Lordships may be pleased to direct the respondents to regularize the period of suspension for the period from 14/06/2006 to 17/04/2011 of the petitioner forthwith and submit the same before this Hon'ble Court;

13 (DD): Pending hearing and final disposal of present petition, your lordships may be pleased to stay order dt.30/11/2024 and further be pleased to restrain respondent from recovery of salary period from

14/06/2006 to 17/04/2011.

(E) Be pleased to pass such other and further relief as may be deemed fit by Your Lordships in the facts and circumstances of the case and in the interest of justice.”

FACTS OF THE CASE:-

[4] The petitioner was serving as a teacher in respondent No.3- School and was suspended on 14.05.2006, which was approved by the Commissioner of Midday Meal Scheme. While approving the suspension of the petitioner, it was also observed by the Commissioner that during the period of suspension, the petitioner is entitled to receive suspension allowance as per the Rules. It is not in dispute between the parties that as per the provisions of the Gujarat Secondary and Higher Secondary Education Act, 1972 (for short ‘the Act, 197