MANILAL GOSAIBHAI TANDEL Vs. THE STATE OF GUJARAT

JUDGEMENT

(1.) The present Letters Patent Appeal has been filed, assailing the correctness of an order dated 6.1.2020 passed by the learned Single Judge in Special Civil Application No.11120 of 2017.

(2.) The background facts giving rise to the present appeal is that appellant - original petitioner filed the writ petition, seeking revision of pay from the year 2009 and also the arrears of suspension allowance from the year 1999 till the date of retirement with 18% interest. The said relief has been claimed on the basis that the appellant was serving as Senior Clerk in the office of District Panchayat, Surat. The appellant allegedly committed misconduct, on account of which he was placed under suspension for the period commencing from 3.6.1988 to 19.3.1998. Relying upon the Gujarat Civil Services Rules, precisely Rule 15(1)(2) as also the decision rendered in case of Bharat Gold Mines v. State of Gujarat , decided on 2.4.1999, the appellant has raised the grievance that if the suspension period is extended for one year and more than that, then the suspended employee is entitled to 75% and 90% of the total salary of the employee, receiving suspension allowance. But in case of the present appellant, he has not been paid such suspension allowance and there is no order to regularize the period of suspension, as well.

(3.) We have heard Shri B.K. Oza, learned counsel for the appellant.