DEVENDRA B RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of these petitions under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the order passed by the respondent -District Collector, Surendranagar dated 14.07.1994 as also the order dated 25.01.1996 by which the petitioner was compulsorily retired from service.

(2.) THE facts in brief are that the petitioner was appointed as a Clerk in the office of respondent No. 2 on 14.12.1959 and on having passed the necessary examination, he was promoted to the post of Deputy Mamlatdar on 17.05.1979. In May 1990, the petitioner was given the higher pay -scale of Mamlatdar but, on account of non -availability of post, he was not promoted to the said post. On 18.11.1992 the petitioner was given another higher pay -scale and thereafter, in the year 1993, he was given the benefit of the next higher scale looking to his long length of service.

(3.) SOME where in June 1993, the petitioner was served with a notice issued by the respondent -authority as to why the higher pay -scale of Deputy Mamlatdar given to him be not cancelled on the ground that on earlier two different occasions, he had been censured and the remarks thereof had not been entered in his service records. The petitioner gave his reply to the same. However, vide impugned order dated 14.07.1994, the benefit of the higher pay -scale given to the petitioner was cancelled by respondent No. 2. Being aggrieved by the said order, the petitioner has preferred the present petition being S.C.A. No. 13333/1994. During the pendency of the said petition, charge -sheet dated 24.01.1996 came to be issued to the petitioner on the ground that the petitioner had not reported for duty at the transferred place. On the same day, another charge -sheet was also issued to the petitioner as to why necessary action as prescribed under the Gujarat Civil Services (Conduct) Rules, 1971 be not taken against him. Thereafter, vide impugned order dated 25.01.1996, the petitioner was compulsorily retired from service. Being aggrieved by the said order, the petitioner has preferred the present petition being S.C.A. No. 4817/1996.