MOHANBHAI CHANABHAI Vs. SURAT MUNICIPAL CORPORATION

JUDGEMENT

(1.) The petitioner Mohanbhai Chanabhai working as sweeper with the respondent Corporation had initially filed this petition through his Learned Advocate Shri P.B.Majmudar (who has been later on elevated to the bench of this Court) challenging the impugned order of dismissal/termination from service (Annexure D) dated 4.2.1988 passed by the Deputy Commissioner, Health and Hospitals, Surat Municipal Corporation dismissing him from service w.e.f. 14.4.1981.

(2.) . During the pendency and final disposal of this petition, his learned advocate was elevated to the bench of this court, as stated earlier. Therefore, Office had issued notice to the petitioner to make alternative arrangements to appear on his behalf but so far no arrangement is made. Under the circumstances, Mr.Prashant Desai, Learned Counsel appearing for the respondent Corporation is heard and the matter is decided on merits.

(3.) . Having perused the averments made in the petition as well as the reply affidavit and more particularly, the contents of the impugned order at Annexure D, Mr.Desai, Learned Counsel for the respondent was hardly in a position to defend the impugned order. It is well settled principle of law that no retrospective effect can be given to the termination. From the impugned order at Annexure D dated 4.2.1988, it is clear that w.e.f. 14.4.1981, the services of the petitioner came to an end. Therefore, only on this ground the impugned order was required to be set aside.