Gujarat High Court
Jagdish Manjibhai Chauhan vs State Of Gujarat on 10 March, 2026
NEUTRAL CITATION
C/SCA/13815/2018 JUDGMENT DATED: 10/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13815 of 2018
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE MAULIK J.SHELAT
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Approved for Reporting Yes No
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JAGDISH MANJIBHAI CHAUHAN & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR MURALI N DEVNANI(1863) for the Petitioner(s) No. 1,2,3
MR SIDDHARTH RAMI, AGP for the Respondent(s) No. 1,2
NOTICE SERVED BY DS for the Respondent(s) No. 3,4,5
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 10/03/2026
JUDGMENT
1. Rule returnable forthwith. Mr.Siddharth Rami, learned AGP, waives service of Rule on behalf of the State respondents.
2. At the outset, Mr.Devnani, learned advocate for the petitioners, would submit that the issue germane to the matter is squarely covered by the decision of a Coordinate Bench of this Court in its judgment dated 18.02.2022 rendered in case of Patel Rakeshbhai Prabhubhai vs. State of Gujarat, being Special Civil Application No.9823 of 2020 and allied matters, which is confirmed up to the Hon'ble Apex Court.
Page 1 of 3 Uploaded by GAURAV J THAKER(HC00951) on Tue Mar 10 2026 Downloaded on : Tue Mar 10 22:28:23 IST 2026NEUTRAL CITATION C/SCA/13815/2018 JUDGMENT DATED: 10/03/2026 undefined 2.1 Mr. Devnani, learned advocate for the petitioners, would submit that in light of the subsequent developments and the aforesaid judgment passed in the case of similarly situated persons, the order of recovery may be quashed and set aside.
3. Per contra, Mr. Siddharth Rami, learned AGP, would not be in a position to controvert the aforesaid facts and the position as it stands as on date. Nonetheless, Mr.Rami, learned AGP, would rely upon the decision of the Division Bench of this Court dated 27.11.2024 passed in the case of Ashaben Kantilal Patel vs. State of Gujarat and others, being Letters Patent Appeal No.432 of 2022 and allied matters, whereby the order of recovery sought by the respondent authority is quashed and set aside, but so far as protecting the pay scale of the petitioner is concerned, such relief was not entertained.
4. Having heard the learned advocates for the respective parties and as the issue germane to the matter is undisputedly covered by the decision of the Coordinate Bench of this Court in Patel Rakeshbhai Prabhubhai (supra), I am of the view that this petition deserves to be partly allowed to the extent that the impugned order dated 16.08.2018, whereby the recovery of the amount sought from the petitioner is hereby quashed and set aside and so far as the reduction of the pay scale of the petitioner is concerned, in view of the decision of the Division Bench in the case of Ashaben Kantilal Patel (supra), such part of the order remains unaltered.
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5. In view of the aforesaid observations and reasons, the present petition is partly allowed. Rule is made absolute to the aforesaid extent.
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