BABUBHAI HIRABHAI VANKAR vs STATE OF GUJARAT
- Court
- Gujarat High Court
C/LPA/750/2026 JUDGMENT DATED: 05/11/2026
(GJHC240807772025)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 750 of 2026
In
R/SPECIAL CIVIL APPLICATION/14053/2016
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In
R/LETTERS PATENT APPEAL NO. 750 of 2026
==========================================================
BABUBHAI HIRABHAI VANKAR
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR GAURAV P THAKOR(2452) for the Appellant(s) No. 1
MR TEJAS P SATTA(3149) for the Appellant(s) No. 1
MR VENUGUPAL, AGP for the Respondent(s) No. 1,2
MS MAMTA R VYAS(994) for the Respondent(s) No. 5
==========================================================
CORAM: HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 05/11/2026
ORAL JUDGMENT
(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)
1. On 17.9.2012, the appellant submitted his letter of
resignation. Thereafter, there was a settlement between
the management and the appellant on 3.10.2012. The
terms of the settlement (translated) read as follows:
“My Name:- Vankar Babubhai Hirabhai, Age: 37,
Occupation: Service, Residing at: Vrindavan Ashram
School, Piplod, Ta. Devgadh Baria, Dist. Dahod,
Permanent Address: At. Chanchelav, Post. Aerandi, Ta.
Godhra, Dist. Panchmahal, today, I hereby declare on
solemn affirmation that :-
I reside at the above-mentioned address and was
discharging my duty as an Assistant Teacher at Piplod.
Page 1 of 5
Uploaded by OMKAR C. MAHAWAR(HC00201) on Fri Nov 06 2026 Downloaded on : Fri Nov 06 12:51:43 IST 2026
C/LPA/750/2026 JUDGMENT DATED: 05/11/2026
(GJHC240807772025)
On 01/07/2000, my appointment was made as an
Assistant Teacher at Dr. Ambedkar Ashram School,
Gadh, Ta. Godhra. Thereafter, from 01/09/2009, my
transfer was made by the Trust to Vrindavan Ashram
School due to administrative reasons.
However, from 04/05/2010, I have been continuously
absent from duty until today. Thereafter, I filed an
M.Case against the President of the Trust in the
Devgadh Baria Court. Following that, I filed
applications under the RTI to obtain information
against the trust as well as the institution. Moreover, I
have filed applications seeking information and
alleging accusations of all kinds across various
departments of the Government, namely the Director,
Scheduled Caste Welfare, Gujarat State, Gandhinagar;
Vigilance Commission; Chief Minister's Office, Social
Justice and Empowerment Department, Gandhinagar;
Leader of the Opposition, The Hon’ble Governor,
Gujarat State, Gandhinagar; Collector, Panchmahal-
Dahod; as well as District Panchayat, Administrative
office, Godhra-Dahod and all such departments.
An amicable settlement has been reached between I,
the deponent, and the trustee Board and institution. As
per the settlement arrived at between us, I have
resigned from the institution as an Assistant Teacher,
and after submitting the resignation, all benefits
receivable by me from the institution, such as the
benefits of the 6th Pay Commission would be received
from District Panchayat, Administrative office. Now, no
dues regarding my service is pending against the
institution of any kind.
The applications filed by me before the aforesaid
departments and officers, and the accusations alleged
therein, were made by me in agitation and under the
sense of injustice. Now, since a settlement has been
reached, I am withdrawing all applications and
accusations, and therefore no information of any kind
is required. I withdraw all applications filed by me and
all accusations alleged by me thorough this affidavit,
which I declare through this affidavit.
However, if any application remains to be withdrawn
and comes up for hearing before a board, I personally
or any trustee or officer of the institution on behalf of
Page 2 of 5
Uploaded by OMKAR C. MAHAWAR(HC00201) on Fri Nov 06 2026 Downloaded on : Fri Nov 06 12:51:43 IST 2026
C/LPA/750/2026 JUDGMENT DATED: 05/11/2026
(GJHC240807772025)
me may personally appear to dispose of and withdraw
it through this affidavit, which I declare by this
affidavit.
All the facts above are true and correct to the best of
my knowledge and belief. I am aware that making a
false affidavit is an offence.”
2. A reading of the said settlement would indicate that
the appellant had resigned from his post of Assistant
Teacher. In fact, on the day of the settlement, i.e. on
3.10.2012, the appellant did submit his resignation on an
affidavit.
3. Nearly more than a year thereafter, on 7.10.2013,
the appellant submitted a letter requesting that his
resignation be permitted to be withdrawn. This was
followed by repeated representations and ultimately, the
appellant approached the Tribunal since his request was
not acceded to by the management. The Tribunal rejected
his application, and thereafter the appellant approached
the learned Single Judge.
4. The learned Single Judge, by the impugned order,
has taken note of the fact that there was inordinate delay
by the appellant in making his application withdrawing
his resignation dated 17.9.2012. In fact, the learned
Single Judge has noticed that the appellant tried to
mislead the Tribunal by stating that there was only a
delay of 12 days in making the application for withdrawal
of the resignation. The learned Single Judge accordingly,
Page 3 of 5
Uploaded by OMKAR C. MAHAWAR(HC00201) on Fri Nov 06 2026 Downloaded on : Fri Nov 06 12:51:43 IST 2026
C/LPA/750/2026 JUDGMENT DATED: 05/11/2026
(GJHC240807772025)
dismissed the writ petition, and as a result, the present
appeal has been filed.
5. As already noticed above, the appellant resigned on
17.9.2012, and thereafter, there was a settlement
between him and the management. On the very day of the
settlement, he submitted another resignation on affidavit.
It is, thus, clear that the resignation was not only
voluntary but was also pursuant to a settlement wherein
he received all the benefits that were due to him.
6. Nearly a year thereafter, on 7.10.2013, the appellant
has made an attempt to resile from his earlier position
and sought to withdraw his letter of resignation dated
17.9.2012. The appellant had kept quiet for more than a
year in making a demand for withdrawal of his
resignation. It is obvious that any request for withdrawal
of the resignation ought to have been made within a
reasonable time.
7. In this particular case, when the resignation was
given for the second time on an affidavit, it would be
improper for the appellant to contend that he was entitled
to withdraw his resignation. In fact, his letter purporting
to withdraw his resignation cites the reason of
unavoidable circumstances for submitting his resignation
on 3.10.2012. This statement is palpably false. Given the
fact there was admittedly a settlement on 3.10.2012, on
Page 4 of 5
Uploaded by OMKAR C. MAHAWAR(HC00201) on Fri Nov 06 2026 Downloaded on : Fri Nov 06 12:51:43 IST 2026
C/LPA/750/2026 JUDGMENT DATED: 05/11/2026
(GJHC240807772025)
which date, a second resignation was given by way of an
affidavit.
8. In the light of these facts, in our view, the Tribunal
as well as the learned Single Judge were perfectly
justified in repelling the claim of the appellant. We see no
reason to entertain the appeal. The appeal is, therefore,
DISMISSED.
9. Pending Civil Application shall stand consigned to
record.
Sd/-
(N.S.SANJAY GOWDA,J)
Sd/-
(J. L. ODEDRA, J)
OMKAR
Page 5 of 5
Uploaded by OMKAR C. MAHAWAR(HC00201) on Fri Nov 06 2026 Downloaded on : Fri Nov 06 12:51:43 IST 2026