MANAGER GUJARAT ELECTRICITY BOARD Vs. DP JOSHI

JUDGEMENT

(1.) HEARD learned Advocate Mr. RC Jani for petitioner.

(2.) IN this matter, while issuing notice by making it returnable on 17.6.2003, execution and operation of impugned order has been stayed by this Court and thereafter, Rule has been issued by this Court on 27th August, 2003. Thereafter, by order dated 13.7.2004, ad interim relief granted earlier was confirmed by this Court. INitially, notice issued by this court was served upon respondent and respondent had appeared before this Court through learned Advocate Mr. KS Acharya and filed affidavit in reply in this matter on 19th November, 2003. However, subsequently, after learned advocate Mr. KS Acharya expired, fresh notice issued by this Court has remained unserved to respondent DP Joshi where c/o. address has been given of union. This being a matter of 2003, in all 33 occasions, matter has been adjourned and yet no steps have been taken by petitioner to serve notice to respondent and, therefore, matter has been heard by this Court in absence of respondent while considering affidavit in reply filed earlier by respondent in this matter.

(3.) IN this petition, affidavit in reply is filed by respondent employee DP Joshi and along with affidavit in reply, certain documents have been produced on record. From that, learned advocate Mr.Jani for petitioner has relied upon page 35 dated 10th July, 1990 and raised contention that respondent employee was not qualified as per qualification at Sr. No.5 for the post of Technician Gr. III which require to have cleared Trade Certificate of Mechanical/Fitter from ITI, therefore, he relied upon page 37 item no. 5. But looking to qualification possessed by Respondent employee, he was qualified as per Sr. No. 5, page 37 where qualification is mentioned for the post of Technician Grade III. Respondent employee has also produced establishment circular no. 578 and certificate issued by Executive Engineer Exh. 53 where it has been made clear that respondent employee has been recruited as Skilled NMR in INstrument Section and he was found hard working and enthusiastic for learning all kind of works. It was also certified that during his continued service period, he has passed examination of ITI INst., BA and IINd Class Wireman which shows his interest in study and increasing knowledge.