TANK HARILAL S Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BRIEF facts giving rise to the present petition under Articles 226 & 227 of the Constitution of India are as follows :Page

(2.) WHILE issuing rule on 14th May 2010, the matter was expedited by the Court. The respondent appeared and filed affidavitinreply inter alia contending that the petitioner has been reversed by an order of reversion dated 9th September 2002, which is a justifiable reversion.

(3.) ACCORDING to the respondents, the petitioner had tendered resignation due to his family circumstances. However, he chose to withdraw his resignation during the period when government employees had proceeded on mass strike to protest roster. His case was considered and an order of reappointment was passed with a break in service from 6th May 1985 to 13th August 1985, which is considered as period of extra ordinary leave. The said order was passed under the provisions of Rule 43 of the Bombay Civil Services Rules, and therefore, the petitioner is entitled for such leave and pension. However, the Department has not considered break in service with a view to protect his leave and pensionery benefits, but, as he was reinstated, the petitioner was considered a fresher in the service and was not given original seniority from his initial date of appointment ie., 6th July 1979. It was out of sympathy shown by the Department that he was given continuity of service with a view to see that he may not loose the pensionary benefits and leave. However, the petitioner cannot be permitted to misuse such acts of sympathy shown by the respondents and insist for his right of seniority from the date of his initial appointment.