DIPAK JASVANTLAL SHAH Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Arts. 226 and 227 of the Constitution of India, petitioner has challenged his termination order from service. The resume of the material facts giving birth to the present petition, may be mentioned, at the outset. The present petitioner was appointed as Clerk/Typist, on 12-7-1978, in the Office of Accountant General, Gujarat, Rajkot Branch. The appointment order is produced at Annexure B. As per the said order petitioner was appointed purely on temporary basis as Clerk/Typist in the pay scale of Rs. 260-400.00 under the provisions of Central Civil Service (Temporary Service) Rules, 1965 (hereinafter referred to as 'T. S. Rules' for short). The petitioner resumed his duty on 20-7-1978 in Rajkot Office and was thereafter transferred at his own request to Ahmedabad Office with effect from 1-9-1979.

(2.) After completion of 3 years of service the petitioner made representation to the respondents to grant him the quasi-permanent status as per the provisions of Rule 3 of T. S. Rules. No decision could be taken by the respondents despite several reminders in this behalf by the petitioner. On 30-9-1982 the services of the petitioner came to be terminated in purported exercise of powers under Rule 5 of the T. S. Rules, 1949. The termination order is produced at Annexure 'C'.

(3.) The petitioner thereafter made various representations to the respondents which not only were not considered but also were not even replied. Therefore the petitioner moved this Court by filing a Special Civil Application No. 5032 of 1984, however, the same petition came to be withdrawn by the petitioner as he wanted to resort to other legal remedies available to him under the law. The petition came to be withdrawn under the permission of this Court on 19-12-1984. A copy of the order of this Court of that petition is annexed at Annexure 'D'.