AMICHAND M ADHWAN Vs. BANASKANTHA DISTRICT PANCHAYAT

JUDGEMENT

(1.) The present petition was initially filed for the relief, as set out in paragraph-19(B), which reads thus,

(2.) The petition was filed on 5th November, 1996. After the notice was issued by this Court on 20th January, 1997, returnable on 14th February, 1997, on 5th March, 1997, this Court passed the following order :

(3.) Mr.H.S.Munshaw,learned Advocate appearing for the respondent, submitted that pursuant to the order dated 5th March, 1997, the authorities reinstated the petitioner on 25th March, 1997. He further submitted that thereafter, the inquiry was completed and in the inquiry, the petitioner was found guilty and, therefore, order of punishment dated 18th November, 1998 was passed whereby deduction of Rs.150=00 per month from the pension of the petitioner was ordered. He further submitted that the District Development Officer also passed an order dated 26th May, 1999 whereby the period of suspension was to be treated as it is and the petitioner was not to get any benefit for the said period i.e. from 21/06/1986 to 25/03/1997. The petitioner challenged the second order dated 26th May, 1999 by filing an appeal before the Additional Development Commissioner, being Appeal No.15 of 2000, which came to be allowed by order dated 7th August, 2002 whereby the Additional Development Commissioner has quashed the order dated 26th May, 1999. Against the order dated 7th August, 2002 of the Additional Development Commissioner, the District Panchayat has approached this Court by filing Special Civil Application No.13854 of 2003, which is admitted and pending for final disposal. In the meantime, the petitioner reached the age of superannuation on 31st October, 1998 and, as stated by Mr.Munshaw, he is granted retirement benefits like gratuity, treating the period of suspension to be as it is as the order of the District Development Officer dated 26th May, 1999 was in operation. The petitioner has amended this petition subsequently by adding paragraphs 16.5 to 16.13 and also Clauses C.1 to C.5 in paragraph-19, the prayer clause. Now, it is prayed by paragraph 19.C.1 that "direct the respondent to honour the order dated 7/8/2002 passed in Appeal No.15/2000 by Additional Development Commissioner, Gujarat State, Gandhinagar." It is prayed in paragraph 19.C.2 to "direct the respondent to treat petitioner as in continuous service without any suspension from 21/6/1986 to 24/3/1997". While, in paragraph 19.C.3, it is prayed that "direct the respondent to give, accordingly, all promotional and other benefits as per the said continuous service without the said suspension period". Prayer made in paragraph 19.C.4. is to "direct the respondent to pay balance retiral benefits to the petitioner accordingly by treating the petitioner to be in continuous service". And, last but not the least, it is prayed for by the petitioner in paragraph 19.C.5 to "direct the respondent to increase the pension of the petitioner by taking the promotional benefits and accordingly higher salary given to the petitioner by treating him to be in continuous service without the said period of suspension".