Gujarat High Court
Arjun Gorabhai Rathod vs State Of Gujarat on 2 February, 2026
NEUTRAL CITATION
C/SCA/19672/2019 JUDGMENT DATED: 02/02/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19672 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE MAULIK J.SHELAT Sd/-
========================================
Approved for Reporting Yes No
✓
========================================
ARJUN GORABHAI RATHOD
Versus
STATE OF GUJARAT & ORS.
========================================
Appearance:
MR MEET A SHAH(9933) for the Petitioner(s) No. 1
MS. FORUM SUKHADWALA, ASST. GOVERNMENT
PLEADER for the Respondent(s) No. 1,2,4
MS KIRAN D PANDEY(3337) for the Respondent(s) No. 3
========================================
CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 02/02/2026
ORAL JUDGMENT
[1] Heard Mr. Meet Shah, learned advocate for the petitioner, Ms. Forum Sukhadwala, learned AGP for respondent Nos.1, 2 & 4 as also Ms. Kiran D. Pandey, learned advocate for respondent No.3, at length.
Page 1 of 11 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Tue Feb 03 2026 Downloaded on : Thu Feb 05 23:08:26 IST 2026NEUTRAL CITATION C/SCA/19672/2019 JUDGMENT DATED: 02/02/2026 undefined [2] The present writ petition is filed under Articles 14, 16, 21 and 226 of the Constitution of India, seeking the following reliefs:-
A. This Hon'ble Court may be please to admit and allow the petition;
B. This Hon'ble Court may be pleased to issue necessary direction/s by way issuing appropriate writ and directions to quash and set aside the impugned orders dated 13.03.2019, 15.10.2019 and 24.10.2019 passed by the respondent/s and further be pleased to direct respondent/s to pass necessary order relating to voluntary retirement in view the application/notice of dated 19.10.2019 and further be pleased to continue the petitioner till the date of retirement is determined in view of the notice/application dated 19.10.2019;
BB. This Hon'ble Court may be pleased to issue writ of mandamus or any other appropriate writ, order or direction or writ in the nature of and certiorari, quashing setting aside the order dated 04.01.2020 (Annexure X) passed by the respondent no.1;
(BBB) This Hon'ble Court may be pleased to issue writ of mandamus or any other appropriate writ, order or direction or of writ in the nature certiorari, quashing and setting aside the orders dated 29.12.2020 and 30.12.2020 (Annexure Z Collectively) passed by respondent no.2 and 3 respectively;
C. This Hon'ble Court may be pleased to issue a writ in the nature of mandamus or any other appropriate writ order or quash and set aside the recovery order dated 24.10.2019 and further be pleased to declare that the petitioner is entitled for the benefits arising of the Tiku Pay Commission from the date of retirement as mentioned in the application/notice dated 19.10.2019 i.e. 31.01.2020;
( CCC) This Hon'ble Court may be pleased to issue writ of mandamus or any other appropriate writ, order or direction or Page 2 of 11 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Tue Feb 03 2026 Downloaded on : Thu Feb 05 23:08:26 IST 2026 NEUTRAL CITATION C/SCA/19672/2019 JUDGMENT DATED: 02/02/2026 undefined writ in the nature of certiorari, quashing and setting aside the impugned communications dated 16.05.2025 and 24.09.2025 (Annexure Z8 Collectively) and further be pleased to direct the respondents not initiate, demand or make any recovery for alleged excess amount paid to the petitioner and further be pleased to direct the respondents to fix, grant and pay all the pensionary and retiral benefits w.e.f., 01.08.2021 including leave encashment, gratuity etc. to the petitioner with all consequential benefits as per the 7th pay commission and pay commission as may be introduced from time to time along with arrears and interest at rate of 12% per annum thereon;
D. Pending admission, hearing and final disposal of this petition, this Hon'ble Court may the be pleased to stay implementation, execution and operation of impugned orders dated 13.03.2019, 15.10.2019 and 24.10.2019 and further be pleased to direct the respondent/s to continue the petitioner till the fresh date of retirement is determined in view of the notice/application dated 19.10.2019 for voluntary retirement from 31.01.2020;
DD Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to stay the implementation, execution and operation of impugned order dated 04.01.2020 and further be pleased to direct respondent/s to continue the petitioner till the fresh date of retirement is determined in view of the notice/application dated 19.10.2019 for voluntary retirement from 31.01.2020;
(DDD) Pending admission, hearing and final disposal of this petition, this Hon'ble be pleased direct the Court may respondents to not to take any coercive to steps against the petitioner and further be pleased to direct the respondents to complete the process of fixation of pension within four weeks;
E. Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to direct the respondent/s to expedite the procedure for passing necessary orders voluntary retirement in related to view of the application/notice dated 19.10.2019 of the petitioner;
Page 3 of 11 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Tue Feb 03 2026 Downloaded on : Thu Feb 05 23:08:26 IST 2026NEUTRAL CITATION C/SCA/19672/2019 JUDGMENT DATED: 02/02/2026 undefined F. Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to restrain the respondents from taking any coercive steps;
G. Any other and further relief or reliefs which this Hon'ble Court deems fit in the interest of justice and equity in the favour of the petitioner;"
[3] It appears from the record that, the petitioner had completed the M.B.B.S. in the year 1986 from the Government Medical College, Surat. The petitioner was selected as Medical Officer (Class-II) in the Civil Hospital, Junagadh, by the GPSC and served from 06.06.1988 to 02.11.2017. Thereafter, the petitioner was promoted in the cadre of Class-I as Additional District Health Officer on 02.11.2017 and was posted at Health Branch, Jilla Panchayat, Porbandar. [3.1] Further, the petitioner made an application for voluntary retirement to respondent Nos.1 and 3 on 14.05.2018. Initially, the same was returned by respondent No.2 vide its communication / order dated 08.08.2018, rather respondent No.3 ordered the petitioner to remain continue in service. Since the respondent - authority vide its order dated 13.3.2019, 15.10.2019 and 24.10.2019, decided to accept the request of the petitioner, thereby, allowed the petitioner to Page 4 of 11 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Tue Feb 03 2026 Downloaded on : Thu Feb 05 23:08:26 IST 2026 NEUTRAL CITATION C/SCA/19672/2019 JUDGMENT DATED: 02/02/2026 undefined take voluntary retirement but give it with retrospective effect and subject to withdraw all benefits of Tiku pay commission / recommendation.
[4] As the request of the petitioner was not decided by the respondent positively, he knocked the door of this Hon'ble Court by way of the present petition, wherein while admitting the petition, this Court on 21.09.2020 had passed following order:
"Rule.
On consideration of the rival submissions for interim relief, appears that petitioner intended to retire voluntarily on completion of 20 years of service as permissible under Rule 48 of Gujarat Civil Service (Pension) Rules, 2000. By his application dated 14.05.2018 he intended to retire on completion of specified notice period as on 31.08.2018; however the respondents could not process his application until the impugned order and asked him to continue in service. The last letter asking the petition to continue is dated 01. 02. 2019. It also appears that E-mail was sent to the petitioner on 22.02.2019 soliciting from him the cause for voluntarily retirement as also undertaking that he would waive the benefits of Tiku pay commission. In response to the said Email, the petitioner clearly stated that he did not intend to retire voluntarily by waiving the benefits of Tiku pay commission. Thus prima facie the communication so far would suggest that the petitioner was continued in service only because respondents were unable to process his application and eventually the E-mail dated 22.02.2019 intended to make the petitioner's application conditional which was not accepted by the petitioner. This in the opinion of this court prima facie closed the file and the petitioner could not have been retired voluntarily in absence of his complying with the conditions imposed by the said E-mail. The respondents however even in absence of the petitioner complying with the said conditions proceeded to retire him voluntarily with retrospective effect as on 28.02.2019 while withdrawing the benefits of Tiku pay commission which was extended to him way back in the year 2011. The respondents also appear to have Page 5 of 11 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Tue Feb 03 2026 Downloaded on : Thu Feb 05 23:08:26 IST 2026 NEUTRAL CITATION C/SCA/19672/2019 JUDGMENT DATED: 02/02/2026 undefined failed to inform themselves about the decision of this court rendered on 06. 12. 2017 in Special Civil Application No. 5362 of 2017 addressing the issue as to the benefits of Tiku pay commission. In that case also such benefits were sought to be withdrawn on the strength of Government Resolution dated 11.05.2001 which was interpreted by this court holding that the same would be applicable only when incumbent. In the the dual benefits are received by the instant case also, there is no question of dual benefits and thus, prima facie, it appears that it is sheer misconception on the part of the respondents to rely upon the said government resolution for depriving the benefits of Tiku pay commission already paid the petitioner in the year 2011.
Thus it appears that in the E-mail communication the respondents made it clear that the petitioner could be retired only if he filed an undertaking giving up the benefits of Tiku pay commission which was not acceptable to the petitioner and thus the notice for voluntary retirement got frustrated and could not have been acted upon.
It appears that the petitioner has been continued in service even after impugned order. Learned counsel for the petitioner states that petitioner has been drawing the salary along with other benefits except increment until the date. In above view of the matter, the case for interim relief is made out. It is stated by learned counsel for the petitioner that he would confine to the prayer for interim relief in terms of para 9DD (as amended) as under:
"9 DD. Pending admission, hearing and final disposal of this petition, this Honourable Court may be pleased to stay the implementation, execution and operation of impugned order dated 04.01.2020 and further be pleased to direct the respondent/s to continue the petitioner. "
Learned counsel for the petitioner would not press for the rest of the portion of the prayer.
Learned counsel also submitted that the petitioner has suffered the stroke and therefore would apply afresh for voluntarily retirement.
The interim relief is granted in terms of para 9(DD) quoted above. The petitioner shall be treated as in service.
It is open for the petitioner to apply for voluntarily retirement Page 6 of 11 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Tue Feb 03 2026 Downloaded on : Thu Feb 05 23:08:26 IST 2026 NEUTRAL CITATION C/SCA/19672/2019 JUDGMENT DATED: 02/02/2026 undefined afresh which application shall be considered by the respondents in accordance with law within a period of four weeks from the date of receipt of the application.
It is clarified that this interim order would operate until the date of superannuation of the petitioner or until the date he is permitted to voluntarily retire upon his tendering fresh application.
[5] Mr. Meet A. Shah, learned advocate for the petitioner would point out to this Court that during the pendency of this petition, the petitioner having attained the age of superannuation, retired from service on 31.07.2021.
[6] In view of the aforesaid facts and circumstances, so far as aspect of VRS is concerned, it pales into insignificance, inasmuch as, petitioner had all-throughout served the respondent and superannuated on 31.07.2021. As far as issue with regard to withdrawing the benefits of Tiku pay commission is concerned, the issue is no longer res integra as decided by this Court in number of matters and decisions are cited to that effect by Mr. Shah, learned advocate for the petitioner.
[7] Nonetheless, this Court would like to refer one of the decisions of the Coordinate Bench of this Court (Coram:-
Hon'ble Mr. Justice N.V.Anjaria, as he then was), in the case Page 7 of 11 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Tue Feb 03 2026 Downloaded on : Thu Feb 05 23:08:26 IST 2026 NEUTRAL CITATION C/SCA/19672/2019 JUDGMENT DATED: 02/02/2026 undefined of Ajit P. Surti Vs. State of Gujarat & Ors. rendered in Special Civil Application No.5360 of 2017, wherein observed and held as under:
5. Even as the rivals drew their contentions, it could not be denied that similar issue had arisen and dealt with by this Court in Harish Dunichand Chandrani v. State of Gujarat being Special Civil Application No.12033 of 2014 decided as per order dated 20th July, 2015 where too the petitioner claimed benefits of Tiku Pay Commission, but the same was denied on the ground of the said petition having taken voluntary retirement. The said petitioner opted for voluntary retirement on medical ground having suffered stroke of paralysis and resultant permanent disability. The said order was challenged in Letters Patent Appeal No.1469 of 2015 which was dismissed by the Division Bench by judgment dated 16th January, 2017.
5.1 Extracting the relevant paragraphs from the judgment of the Letters Patent Bench, "7. From a reading of Government Resolution dated 11.05.2001 it is clear that Medial Officers are not entitled to dual benefits of senior scale as well as the benefit of the recommendations of Tiku Pay Commission. Without going into the controversy, namely, whether the period from 14.11.1991 to 16.10.1994 applies to the case of the respondent or not, it is clear from the Government Resolution itself that it is issued to clarify that the Medical Officers are not entitled to the dual benefit of senior scale as well as the recommendations of Tiku Pay Commission.
As it is not disputed that the respondent was not entitled to the benefit of senior scale, there is no reason or justification for denying the benefits of the recommendations of Tiku Pay Commission. When the respondent- original petitioner has not availed any benefit of senior scale, in which event the question of double benefit will not arise so as to apply Government Resolution dated 11.05.2001.
8. There is also yet another reason to reject this appeal. There is specific averment made in paras 10 and 11 of the petition by the respondent- original petitioner stating that Page 8 of 11 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Tue Feb 03 2026 Downloaded on : Thu Feb 05 23:08:26 IST 2026 NEUTRAL CITATION C/SCA/19672/2019 JUDGMENT DATED: 02/02/2026 undefined similarly placed persons to that of the respondent- original petitioner, namely, (i) Dr.A.J. Oza, (ii) Dr.Hemant B. Patel, and (iii) Dr.M.J. Gupta, who have voluntarily retired as Class-II officers were also extended the benefit of the recommendations of Tiku Pay Commission for pensionary benefits, but the same was not dealt with in the reply filed by the appellants herein in the petition. As much as the appellants have not rebutted such allegations in the reply, they have to be taken as admitted facts. In that view of the matter there is no reason or justification to make differentiation among similarly placed officers for the purpose of extending the benefit of the recommendations of Tiku Pay Commission. The learned Single Judge has also taken note of such discrimination among similarly placed persons while allowing the petition filed by the respondent- original petitioner.
9. It is clear for us that Government Resolution dated 11.05.2001 cannot be applied to the case of the respondent and further similarly placed persons to that of the respondent were already extended the benefit of the recommendations of Tiku Pay Commission, we are of the view that there is no reason or justification in denying such benefit to the respondent- original petitioner, who had served the appellant-Department from September 1985 to 31st December 2013 as Medical Officer Class-II. It is needless to observe that he was compelled to take voluntary retirement in view of disability suffered by him on account stroke which resulted into disability of paralysis to the extent of 75%.
10. For the aforesaid reasons we are of the view that no error is committed by the learned Single Judge so as to interfere with the order of the learned Single Judge dated 20.07.2015 passed in Special Civil Application No.12033 of 2014. For the aforesaid reasons this Letters Patent Appeal is devoid of merits. The same is dismissed accordingly. No order as to cost."
5.2 The Division Bench of this Court dealt with the very issue in yet another case in State of Gujarat v. Dr.Arpita Nitinkumar Dave being Letters Patent Appeal No.1753 of 2017 arising from decision in Special Civil Application No.2165 of 2016 in which a contention was sought to be advanced on behalf of the respondent-State seeking to distinguish the judgment in Letters Page 9 of 11 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Tue Feb 03 2026 Downloaded on : Thu Feb 05 23:08:26 IST 2026 NEUTRAL CITATION C/SCA/19672/2019 JUDGMENT DATED: 02/02/2026 undefined Patent Appeal No.1469 of 2015 on the ground that voluntary retirement of the said employee - the petitioner concerned was on the medical ground that he has suffered disability because of paralysis. The Division Bench rejected such distinction and confirmed the order according the Tiku Pay Commission benefits which were denied on the basis of Resolution dated 11.05.2001 on the ground of taking voluntary retirement. Not only that the issue attained finality with the Apex Court dismissing Special Leave to Appeal on 17.07.2017 being Diary No.18150 of 2017 arising from aforementioned Letters Patent Appeal No.1469 of 2015 in Special Civil Application No.12033 of 2014.
(Emphasis supplied) [8] In view of the aforesaid legal position of law, Ms. Forum Sukhadwala, learned AGP is unable to countenance the stance of the respondent, whereby it withdrew the benefits of Tiku pay commission.
[9] Further, during the pendency of this petition, recovery is also sought from the petitioner post his retirement whereby respondent vide orders dated 16.05.2025 and 24.09.2025, sought recovery on the pretext that due to wrong fixation of pay, some higher amount has been paid to the petitioner.
Again, respondent has committed serious error by effecting such recovery post retirement of the petitioner. It is not in dispute that the petitioner has not intentionally obtained the said benefit and as such, there is no fraud played by him.
Page 10 of 11 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Tue Feb 03 2026 Downloaded on : Thu Feb 05 23:08:26 IST 2026NEUTRAL CITATION C/SCA/19672/2019 JUDGMENT DATED: 02/02/2026 undefined [10] The issue is also no longer res integra, having being decided by the Hon'ble Apex Court in the case of State of Punjab Vs. Rafiq Masih, (White Washer) reported in (2015) 4 SCC 334 as also in the case of Jogeswar Sahoo and Others Vs. District Judge, Cuttack and Others rendered in AIR 2025 SC 2291.
[11] In view of the aforesaid facts and for the foregoing reasons, the present petition requires to be allowed, which is hereby allowed. Consequently, all the impugned orders challenged in this petition, are hereby quashed and set aside.
[12] In view thereof, the respondents concerned are hereby directed to re-calculate the pension and pay all the pensionary benefits including leave encashment, gratuity etc., with all consequential benefits, to the petitioner, on or before 30 th April, 2026, failing which, the respondents are hereby directed to pay interest @6% p.a. from 1st May, 2026.
[13] Rule is made absolute to the aforesaid extent.
(MAULIK J.SHELAT,J) Lalji Desai Page 11 of 11 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Tue Feb 03 2026 Downloaded on : Thu Feb 05 23:08:26 IST 2026