SANKARBHAI N KHANDEKA Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr.P. H. Pathak, learned counsel for the petitioner and Ms.Mita S. Panchal, learned counsel for the respondents.

(2.) WE have gone through the impugned order dated 16.03.2001 passed by the Tribunal. WE are agreement with the view taken by the Tribunal. The petitioner is accommodated on some other ordinary post and he could not be terminated. By way of further affidavit filed on behalf of the respondent, it is brought to the notice of this Court in paragraph No.2, on page-40 of the paper book that the petitioner is still continued on the post on which he was appointed, in view of the interim order passed by this Court and, therefore, the order of the Tribunal in paragraph No.16 could not be implemented which shows that the petitioner will be offered alternative post of GDS cadre by enlisting him on GDS rendered surplus according to his turn in the list. It is open to the respondents to either accommodate the petitioner as per interim order of this Court or he may be offered on the basis of GDS cadre. The petitioner is appointed on the original post of GDS he shall be continued on the present post, subject to the modification.