(1.) THE petitioner has taken out present petition seeking below mentioned reliefs/directions:-
(2.) THE relevant facts involved in and giving rise to present petition are that the petitioner was selected and appointed as Assistant Statistician in the ICMR project at Civil Hospital, Ahmedabad vide appointment order dated 29.1.1985.
(3.) MR . Pujara, learned advocate for the petitioner, has submitted that the respondent's action of initiating the process almost 7 years after the petitioner was absorbed in service and the action of terminating his service almost 23 years after he was absorbed or almost 16 years after the show-cause notice was issued, is unjustified and vitiated on the ground of delay. Mr. Pujara submitted that the petitioner was absorbed in the department in accordance with and after following necessary and proper procedure, particularly in background of the fact that all persons who were working on the ICMR project were absorbed and accommodated in different departments with the Government and that therefore, the respondent's action of initiating proceedings after delay of 7 years and that too on the ground that the petitioner's absorption was not in accordance with applicable rules is misconceived, unjust and arbitrary. Mr. Pujara also submitted that when the petitioner was absorbed in the said department after considering all relevant aspects then, the contention that the absorption / appointment was not in accordance with the recruitment rules or resolution dated 24.3.1976 is not available to the respondents and any action on such premise could not have been initiated and/or cannot be taken. Mr. Pujara further submitted that the petitioner always possessed necessary and prescribed educational qualifications for the post in question.