KHEDA DISTRICT PANCHAYAT Vs. B R SHRIMALI

JUDGEMENT

(1.) The appellant, original petitioner, has called into question decision dated 03.10.2007 of learned Single Judge in the petition challenging order dated 3rd August, 1992 of the Gujarat Civil Services Tribunal, whereby the order dated 17.07.1991 terminating service of the respondent was set aside and he was directed to be reinstated with full back wages. The appellant herein was however permitted to initiate fresh inquiry according to the prescribed procedure. When that order was challenged by the appellant and their petition was entertained and admitted, only the part by which payment of back wages was directed was stayed on 29.09.1992. Thereafter, the appellant neither reinstated the respondent nor did it initiate any fresh inquiry in terms of the liberty reserved to it by the Tribunal as well as the Court. On the other hand, the respondent also did not appear to have taken any steps for resuming his duty or demanding wages, if he were not being reinstated. Thus, clearly with the acquiescence of both the parties, the proceedings remained pending with the High Court since the year 1992 till the impugned decision on 03.10.2007. The final directions in the impugned decision are to the effect that the respondent shall be eligible for continuity in service so as to treat him eligible for pensionary benefits as he was to be treated in service till he attained the age of superannuation. He was declared to be not eligible and entitled for any benefits other than gratuity and pension as if he had retired on the post of Malaria Survey Worker.

(2.) Having heard learned counsel appearing of both the sides in extenso, it was absolutely clear that the termination of service of the respondent by the appellant was wholly unsustainable in law, as elaborately discussed in the impugned judgment. However, in view of the admitted facts that, in spite of the order of the Tribunal and the qualified interim relief granted by this Curt to the appellant, the respondent had not served under the appellant for a single day due to which he could not have the benefit of notional continuity of service till the date of reaching the age of superannuation, which date is stated at the Bar to be 30th June, 2006. As for the period before 3rd August, 1992, the respondent could have the grievance of having lost wages for the period from the date of his removal from service i.e. 17.07.1991 till 30.08.1992.

(3.) Under the above circumstances, the appeal is partly allowed and the impugned order is modified to the extent that the respondent shall be entitled to back wages in terms of original order dated 3rd August, 1992 of the Gujarat Civil Services Tribunal in Appeal No.66 of 1992 and retiral benefits, if any due as on 30th September, 1992, as if the respondent had left the service of the appellant on his own accord on that date. It was fairly stated by learned counsel, Mr.Buch, that all the legal dues, including gratuity, if any is payable, shall be paid on the basis of this order to the respondent within a period of one month from today. The appeal stands disposed accordingly with no order as to costs and the Civil Application is disposed as not surviving.