ANIL MAHADEV MANE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition has been filed for quashing and setting aside the order dated 18.3.97 passed by the respondent no. 2 and for a direction to the respondents to reinstate him in service with all consequential benefits including back wages with interest at the rate of 12% per annum.

(2.) The petitioner was appointed as a police constable by an order dated 12.2.97 on temporary basis in the city of Ahmedabad and was discharged from service on 18.3.1997 on the ground that his services were no longer required, when the petitioner was under training period in the Training Institute at Baroda.

(3.) The contention of the learned counsel for the petitioners is that Rule 89(3)(a) of Police Manual requires a temporary Government servant who has not been appointed for a definite period, should, if necessary be discharged from service in strict order of juniority and no person should be arbitrarily discharged without regard to his seniority. The contention of the learned counsel for the petitioner is that the petitioner has been discharged from service though his juniors are still continued in service. As such, the discharge order of the petitioner is in violation of Rule 89(3)(a) of the Gujarat Police Manual.