PRADIPBHAI VITTHALBHAI TADVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article-226 of the Constitution of India, the petitioners working in the Office of Collector, Vadodara as Clerks have prayed for the following reliefs:

(2.) Facts relevant for the purpose of deciding this petition can be summarized as under -

(3.) It is no doubt true that there was a break in service for a period of 5 days way back in the year 1989. However, the authorities concerned, decided to give the continuity in service which means that the service continued as if there was no break at all. It is evident from the affidavit-in-reply filed by the then Collector, Vadodara that the period of break was counted as continuous for the purposes of leave, salary and pension except for the purpose of seniority. I am of the view that the break having been condoned, it ceased to exist and therefore, the service became continuous. When there is a Leave Without Pay, there cannot be any question of discontinuation of service or reappointment. The reliance which has been placed on the Government Circular of 1978 as reflected from the affidavit-in-reply, is wholly misplaced and contrary to even settled position of law. By no stretch of imagination could it be said that the break was condoned and continuity of service was granted only for the purpose of leave and salary. It is a continuity in service for all purposes including the question of seniority.