High Court of Gujarat

SHEEBA MOHIDEEN DAUDversusSTATE OF GUJARAT

Decided: 29 January 2026
Disposal: 35-ANY OTHER MODE @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

The Court granted permission to withdraw the petition and disposed of it as withdrawn.

Summary

Sheeba Mohideen Daud filed a special civil application challenging her discontinuation from service after non‑renewal of contract. Respondent authorities, through the Chief District Health Officer, executed an undertaking to grant her a fresh contract effective 1 February 2026, with the petitioner affirming she would not claim any continuity of service for the intervening period. The petitioner’s counsel then sought the Court’s permission to withdraw the present petition and retain the liberty to file a fresh petition if any difficulty arose. The Court examined whether the grievance was adequately redressed by the undertaking and whether withdrawal was permissible. Finding that the undertaking satisfied the petitioner’s relief, the Court granted permission to withdraw and ordered the petition to stand disposed. The order was signed by Justice Nirzar S. Desai.

Issues considered

Whether the petitioner may be permitted to withdraw the pending special civil application
Whether the undertaking by the respondent constitutes a satisfactory redress of the petitioner’s grievance

Subjects

contract renewal
withdrawal of petition
special civil application
service termination
fresh contract
grievance redressed

Judgment

     C/SCA/22546/2022                                    ORDER DATED: 29/01/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CIVIL APPLICATION NO.                     22546 of 2022

=====================================================
                 SHEEBA MOHIDEEN DAUD
                         Versus
               STATE OF GUJARAT & ORS.
=====================================================
Appearance:
MR AS ASTHAVADI(3698) for the Petitioner(s) No. 1
MR ADITYA DAVDA ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2
MR HS MUNSHAW(495) for the Respondent(s) No. 3
NOTICE SERVED for the Respondent(s) No. 4,5
=====================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                            Date : 29/01/2026

                                ORAL ORDER

1.         Learned advocate Mr. H. S. Munshaw, appearing

for respondent No. 3, upon telephonic instructions

from     the     Chief    District        Health     Officer,         Mahisagar

District          Panchayat,         namely        Dr.    Chhatrasinh              R.

Pateliya,          states      that,       considering          the      overall

circumstances and in view of the undertaking given by

the petitioner states that the petitioner shall be

granted a fresh contract, which shall come into force

with      effect        from   1st      February,        2026.        The     said

undertaking reads as under:


                                     Page 1 of 3
     C/SCA/22546/2022                                        ORDER DATED: 29/01/2026




                  “I,   Sheeba  Mohideen   Daud, petitioner
                  herein, do hereby on solemn affirmation
                  state and submit as under:

                  1. I submit that I have been discontinue
                  from the service due to non-renewal of
                  contract on the ground non satisfactory
                  performance as per impugned order dated
                  23.05.2022.

                  2. I submit that my last contract                                     of
                  working was up to 18.10.2021.

                  3. It is submitted that if respondents
                  renew my contract now, I will not demand
                  any continuity of service for period from
                  19.10.2021 onwards till reinstatement for
                  any purpose including for the purpose of
                  regularization.

                                            Affidavit

                  Whatever stated above in Para 1 to 3 is
                  true to the best of my knowledge and
                  belief. I believe the same as true.

                  Solemnly affirm at Santrampur on 24 day of
                  JANUARY, 2026.“



2.             In       view   of    the     above         statement        made       by

learned advocate Mr. H. S. Munshaw, appearing for

respondent          No.    3,       and    as       the    grievance         of        the

petitioner stands redressed, learned advocate Mr. A.

S.   Asthavadi,           appearing        for       the    petitioner,           upon

instructions,             seeks      permission            to     withdraw             the




                                      Page 2 of 3
       C/SCA/22546/2022                                                          ORDER DATED: 29/01/2026




present             petition              with          liberty             to       file          a      fresh

petition in case of any difficulty.


3.                  Permission as prayed                               for is granted. The

present petition stands disposed of as withdrawn.




                                                                           (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 29/01/2026 17:50:27




                                                    Page 3 of 3

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