High Court of Gujarat
PANKHUBEN AMBARAMBHAI BAWALIA AND D/O PUNJABHAI ZAPADIAversusSTATE OF GUJARAT
- Decided
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The court directed the respondents to pay the retirement benefits by 30 April 2026 and allowed the petitioner to withdraw the petition.
Summary
The petitioner, Pankhuben Ambarmbai Bawalia, sought enforcement of a government order granting her retirement benefits with retrospective effect, which lacked a payment timeline. The State of Gujarat argued that the order itself satisfied the grievance, but the petitioner requested the court to set a deadline for payment. The court directed the respondents to make the payment by 30 April 2026. Following this direction, the petitioner’s counsel sought permission to withdraw the petition, retaining the right to file a fresh petition if needed. The court granted the withdrawal, discharged the notice, and made no order as to costs.
Issues considered
- Whether the respondents should be directed to pay the retirement benefits within a specific time frame.
- Whether the petitioner may withdraw the petition after the court’s direction on payment.
Subjects
- retirement benefits
- government order
- time limit
- petition withdrawal
- special civil application
Judgment
C/SCA/4982/2024 ORDER DATED: 05/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4982 of 2024
=====================================================
PANKHUBEN AMBARAMBHAI BAWALIA AND D/O PUNJABHAI
ZAPADIA
Versus
STATE OF GUJARAT & ORS.
=====================================================
Appearance:
MR NILESH M SHAH(780) for the Petitioner(s) No. 1
MR ADITYA DAVDA ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
MS HARSHAL N PANDYA(3141) for the Respondent(s) No.
2,3
NOTICE SERVED BY DS for the Respondent(s) No. 4
=====================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 05/02/2026
ORAL ORDER
1. Learned Assistant Government Pleader Mr. Aditya
Davda, appearing for the respondent–State,
places on record the order dated 04.02.2026
passed by the Under Secretary, Panchayat, Rural
Housing and Rural Development Department,
whereby the petitioner has been granted retiral
benefits with retrospective effect. However, the
order does not bear any details regarding the
time within which the benefits will be paid.
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C/SCA/4982/2024 ORDER DATED: 05/02/2026
2. Learned advocate Ms. Harshal Pandya, under
instructions, states that once the order dated
04.02.2026 has been passed, the grievance of the
petitioner stands redressed; however, she
requests that the Court may prescribe an outer
limit for the respondents to make payment
pursuant to the said order.
3. In view of the fact that the petitioner’s
entitlement has now been decided and that she is
to be paid the benefits as prayed for with
retrospective effect, the respondents are
directed to make the payment at the latest by
30.04.2026, in light of the order dated
04.02.2026.
4. In view of the above direction, as the grievance
of the petitioner stands redressed, learned
advocate Mr. Nilesh Shah, appearing for the
petitioner, under instructions, seeks permission
to withdraw this petition with liberty to file a
fresh petition in case of any difficulty.
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C/SCA/4982/2024 ORDER DATED: 05/02/2026
5. Permission, as prayed for, is granted. The
present petition stands disposed of as withdrawn
with the aforesaid liberty. Notice is
discharged. No order as to costs.
(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 05/02/2026 18:24:21
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