C/SCA/6174/2019 ORDER DATED: 01/05/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6174 of 2019 ========================================================== DATTATREY RADHAKRISHNA KHADAYATE Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR NK MAJMUDAR(430) for the Petitioner(s) No. 1 MS. FORUM SUKHADWALA, ASST. GOVERNMENT PLEADER for the Respondent(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 01/05/2026 ORAL ORDER [1] Heard Mr. N.K.Majmudar, learned advocate for the petitioner as also Ms. Forum Sukhadwala, learned AGP for the respondents. [2] The present writ petition is filed under Articles 14 & 226 of the Constitution of India, seeking the following reliefs:- “A) admit this petition; B) be pleased to issue a writ, order and direction and be pleased to direct the respondents authorities to take appropriate decision and respondent authorities may kindly be directed to pass an appropriate order , for treating the period of suspension i.e. 30/11/2004 to 17/10/2006 as suspension or the said period may kindly be directed to be treated as period of suspension and the respondent authorities may kindly be directed to pass an appropriate order in this regard expeditiously as possible and therefore, appropriate directions may kindly be issued upon the respondent authorities. C) By way of interim order direct the respondent authorities to undertake the process of finalization of pension case of the petitioner C/SCA/6174/2019 ORDER DATED: 01/05/2026 pending admission and final hearing of this petition; D) pass such orders as thought fit in the interest of justice.” [3] At the outset, Ms. Sukhadwala, learned AGP would submit that during the pendency of this petition, vide order dated 09.11.2019, pension order has been issued in favour of the petitioner, whereby petitioner is getting the pension as per rule. According to learned AGP, nothing would survive in the matter. [4] The said order dated 09.11.2019 is ordered to be taken on record. [5] Per contra, Mr. Majmudar, learned advocate for the petitioner would submit that there is no clarity as regards any order passed by respondents treating the period of suspension i.e. 30.11.2004 to 17.10.2006, as suspension or not. [6] According to this Court, once the pension order is issued by the State, it can be presumed that the said period of suspension must have been treated as suspension period by the State. Furthermore, once the petitioner is receiving the pension from the State, nothing further would survive in the matter, more particularly, in earlier round of litigation, the petitioner was unable to convince this Court that the said period of suspension may be regularized or it may be treated as part of duty. As the coordinate Bench of this Court vide order dated 13.08.2015 passed in SCA No.7653 of 2015, dismissed the aforesaid petition. [7] In light of the aforesaid facts and circumstances and subsequent development which has taken place during the pendency of this mater, according to my view, the present petition would become infructuous by efflux of time. Page 2 of 3 C/SCA/6174/2019 ORDER DATED: 01/05/2026 [8] Nonetheless, liberty is reserved in favour of the petitioner to file appropriate proceedings before appropriate Court in regards to prayer made in this petition. Notice stands discharged. (MAULIK J.SHELAT,J) Lalji Desai Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: LALJI DESAI(HC01558), PRIVATE SECRETARY, at High Court of Gujarat on 01/05/2026 15:10:10