HITENDRABHAI NATWARLAL BHESANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition under Article 14 , 16 and 226 of the Constitution of India filed by the petitioner with a prayer to issue appropriate writ, order or direction upon the respondent - authority to decide the application dtd. 14/3/2018 preferred by the petitioner and also to direct the respondent to consider the case of the petitioner by releasing the periodical increments which have been due and payable considering the service of the petitioner as a Conductor under the Gujarat State Road Transport Corporation (for short "GSRTC").

(2.) It is the case of the petitioner that, he came to be appointed as a conductor on 18/7/1996 in GSRTC and that he has served with the GSRTC sincerely, honestly and diligently. However, due to some minor alleged lapses / minor alleged negligence, petitioner was subjected to various charge-sheets. The first charge-sheet dtd. 27/1/1998 was served upon the petitioner. Thereafter, another charge-sheet dtd. 28/5/1999 alleging that three passengers were not given the ticket without seeking explanation of the petitioner. Due to health problem, the petitioner could not remain present for a day or two during the period from 2001 to 2002, the GSRTC has issued various charge-sheets and punishment of withholding of increments, periodical increments came to be inflicted upon the petitioner. It is the case of the petitioner that vide order dtd. 7/5/2000, yearly increment for five years came to be withheld, vide order dtd. 16/6/2000, half yearly increment came to be withheld, vide order dtd. 31/5/2001, one increment for one year came to be withheld and by order dtd. 21/12/2001, one increment for one year came to be withheld. It is submitted by the petitioner that though about 16 years have been passed from last punishment, all such increments have not been released and therefore, petitioner is suffering continuous concurrent loss.

(3.) Heard learned advocate Mr. Maulik Soni for the petitioner and learned AGP Mr. Meet Thakkar for respondent No.1.