V I GOSAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner was working as a Mamlatdar and was posted as Public Relations Officer in the office of the Collector, Palanpur. He sought his voluntary transfer as Administrator at Mehsana District on the ground that his wife is suffering from cancer. However, this request was not acceded to and the petitioner was transferred on deputation in the Gujarat Slum Clearance Board vide order dated 27-9-1988. The petitioner's grievance is that this transfer order against deputation post had been made without his consent and this transfer order posting him by way of deputation was illegal. However, the fact remains that the petitioner was relieved on 8-11-1988. After 8-11-1988 the petitioner did not join his duties at any place where the posting was given to him and he joined the service only on 29-5-1989 when he was given a posting as Public Relations Officer in the office of the Collector, Ahmedabad in terms of the order dated 10-5-1989.

(2.) In substance, therefore, the petitioner's grievance in this S.C.A., is against the order dated 6-7-1990 which is at Annexure-P to the petition whereby the petitioner's case for the period from 8-11-1988 to 29-5-1989 has been treated as a case of unauthorised absence for the period of 203 days under Rule 102 of B.C.S.R., and this period has been treated as leave without pay. The petitioner's representation/appeal against this order dated 6-7-1990 failed and ultimately the Chief Secretary has also rejected his application vide his letter dated 22-1-1991 and hence the present petition has been filed.

(3.) In this petition, notice was issued on 7-2-1992, and thereafter, Rule was issued on 8-9-1992. Thus, this S.C.A., has remained pending in this Court for all these years. The respondents have not filed any affidavit-in-reply to this petition even till this date.