High Court of Gujarat
MAMTA SHISHUPALSINGH RATHOURversusSTATE OF GUJARAT
- Decided
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The petition may be withdrawn with liberty to file a fresh petition if the administrative order is not implemented.
Summary
The petitioner, Mamta Shishupalsingh Rathour, filed a special civil application seeking relief after an administrative order dated 15 January 2026 directed a lump‑sum compensation of Rs.4,00,000 in lieu of a compassionate appointment. The respondent, the Administrative Officer of Nagar Prathmik Shikshan Samiti, Ahmedabad, had already issued the compensation order but it had not yet been implemented. The petitioner’s counsel requested permission to withdraw the petition while retaining the right to file a fresh petition if the order remained unimplemented. The court considered whether such withdrawal with a liberty to re‑initiate proceedings was permissible. It granted the request, ordered the respondents to implement the compensation within three months, not later than 30 April 2026, and dismissed the petition as withdrawn.
Issues considered
- Whether the petitioner may withdraw the special civil application while preserving the right to file a fresh petition if the administrative order is not implemented.
Subjects
- administrative order
- compensation
- compassionate appointment
- withdrawal of petition
- implementation deadline
Judgment
C/SCA/23754/2022 ORDER DATED: 19/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 23754 of 2022
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MAMTA SHISHUPALSINGH RATHOUR
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR JIGNESH R MODI(11359) for the Petitioner(s) No. 1
MR RAHUL RAJHANS(12788) for the Petitioner(s) No. 1
MR RAJ TANNA, GOVERNMENT PLEADER for the Respondent(s) No. 1
HL PATEL ADVOCATES(2034) for the Respondent(s) No. 2
J N DEKAVADIYA(7792) for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 19/01/2026
ORAL ORDER
1. Learned Advocate, Mr. Patel, appearing for HL Patel
Advocates for Respondent No.2, under the instructions,
submitted that the Administrative Officer, Nagar Prathmik
Shikshan Samiti, Ahmedabad, has passed an order in
favour of the present petitioner, on 15.01.2026, whereby,
the petitioner is ordered to be paid Rs.4,00,000/- towards
lump-sum compensation, in lieu of compassionate
appointment. He, however, requested that as only an
administrative order is passed and the same is to be
implemented yet, this petition may be kept pending.
1.1 Learned Advocate, Mr. Patel, also tendered a
photocopy of the order dated 15.01.2026, which is ordered
to be taken on record.
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C/SCA/23754/2022 ORDER DATED: 19/01/2026
2. In view of the above, learned Advocate, Mr. Rajhans,
under the instructions, seeks permission to withdraw this
petition with a liberty to file a fresh petition / appropriate
proceedings in case, if, the order dated 15.01.2026 is not
implemented.
3. Heard. Permission, as prayed for with the liberty as
above, is granted. This petition stands disposed of, as
withdrawn.
3.1 The Respondents are directed to implement the order
dated 15.01.2026 within the period of three months, but, in
any case not later than 30th April, 2026. Notice is
discharged. No order as to costs.
(NIRZAR S. DESAI,J)
UMESH/-
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 19/01/2026 16:49:13
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