High Court of Gujarat
PATEL MANISHKUMAR JITENDRAKUMARversusSTATE OF GUJARAT
- Decided
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The Court held that the show‑cause notice is redundant and ordered the respondents to comply with the payment orders by 31.03.2026.
Summary
The petitioners sought enforcement of orders dated 08.01.2026 and 17.01.2026, which granted them full pay scale after the District Primary Education Officer's earlier orders were quashed. The State argued that the earlier show‑cause notice dated 29.11.2021 became redundant in view of the later orders. The Court held that the show‑cause notice is no longer operative and directed the respondents to comply with the payment orders by 31.03.2026. It further directed that, if the respondents fail to comply, the petitioners may file appropriate proceedings. Since the petitioners did not press the petitions further, the Court disposed of the petitions as not pressed.
Issues considered
- Whether the show‑cause notice dated 29.11.2021 remains effective after the quashing of the impugned orders.
- Whether the respondents are obligated to make payment to the petitioners pursuant to the orders dated 08.01.2026 and 17.01.2026.
Subjects
- Quash of order
- Payment of full pay scale
- Administrative law
- Show cause notice
- Compliance directions
Judgment
C/SCA/18533/2021 ORDER DATED: 20/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 18533 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 18535 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 18537 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 18538 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 18541 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 377 of 2022
=====================================================
PATEL DAXABEN NARAYANBHAI
Versus
STATE OF GUJARAT & ORS.
=====================================================
Appearance:
MR GAURAV CHUDASAMA(5660) AND MS VIDHI J BHATT for
the Petitioner(s) No. 1
MR HENIL SHAH ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3
MR MANISH J PATEL(2131) for the Respondent(s) No. 4
MR NIRAV K PADHIYAR(5678) for the Respondent(s) No.
5,6
=====================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 20/01/2026
COMMON ORAL ORDER
1. Learned Advocate Mr. Gaurav Chudasama and
learned Advocate Ms. Vidhi Bhatt, appearing for
the petitioners, under instructions state that
vide orders dated 17.01.2026 and 08.01.2026,
Page 1 of 4
C/SCA/18533/2021 ORDER DATED: 20/01/2026
passed by the District Primary Education
Officer, District Education Committee,
Himmatnagar, by way of two separate orders and
based on the order dated 08.01.2026 passed by
the Director of Primary Education, Gandhinagar,
the order dated 24.11.2021 has been quashed and
set aside and it has been decided to grant full
pay scale to the petitioners, which has
redressed the grievance of the petitioners.
However, they submit that though the orders have
been passed, the actual payment has not been
made and therefore, necessary directions be
issued to respondent Nos. 2, 3, and 4 to make
payment pursuant to the orders dated 08.01.2026
and 17.01.2026, copies of which are placed on
record by learned Advocate Mr. Gaurav Chudasama
and learned Advocate Ms. Vidhi Bhatt appearing
for the petitioners.
2. Learned Assistant Government Pleader Mr. Henil
Shah, appearing for the respondent–State, upon
instructions from Shri M. N. Gadhvi, District
Page 2 of 4
C/SCA/18533/2021 ORDER DATED: 20/01/2026
Education Officer, Sabarkantha, states that the
impugned show cause notice dated 29.11.2021
shall not be acted upon in view of the
subsequent orders dated 08.01.2026 and
17.01.2026, as the said notice has now become
redundant.
3. In view of the above, learned Assistant
Government Pleader Mr. Henil Shah states that
since the impugned orders have been quashed, the
directions are required to be complied with by
respondent Nos. 2, 3, and 4 and shall be
complied with at the earliest. However, though
the aforesaid statement may be said to be
sufficient, respondent Nos. 2, 3, and 4 are
directed to comply with the orders dated
17.01.2026 and 08.01.2026 on or before
31.03.2026.
4. In view of the above directions, as the
grievance of the petitioners stands redressed,
learned Advocate Mr. Gaurav Chudasama as well as
learned Advocate Ms. Vidhi Bhatt, appearing for
Page 3 of 4
C/SCA/18533/2021 ORDER DATED: 20/01/2026
the petitioners, do not press the present
petitions, with liberty to file appropriate
petition(s)/proceedings in the event of non-
compliance with the orders dated 17.01.2026 and
08.01.2026. Accordingly, the present petitions
stand disposed of as not pressed.
(NIRZAR S. DESAI,J)
Pallavi
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 20/01/2026 17:55:00
Page 4 of 4
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.