CHIEF OFFICER Vs. KESHARISINH CHHAGANSINH RAOL

JUDGEMENT

(1.) BY way of present appeal under Clause 15 of the Letters Patent, the appellantState has challenged the legality and validity of the order dated 28.02.2006 passed by the learned Single Judge while dealing with Special Civil Application No. 2057 of 1993, whereby the learned Single Judge has while turning down the prayer of the original petitioner for regularization of suspension period, has accepted his prayer for pay fixation on the basis of 4th Pay Commission Recommendations w.e.f. 1/1/1986 is accepted.

(2.) THE short facts leading to the present appeal are that the respondent employee joined appellant Nagarpanchayat as Octroi Clerk w.e.f. 5/5/1954. He was suspended w.e.f. 20/02/1981 and continued to remain under suspension in view of initiation and continuation of criminal cases and civil proceedings against him and also since he has misappropriated large amount of the Nagar Panchayat. On 30/6/1993, he retired on his having crossed the age of superannuation. He, therefore, filed aforesaid petition for revocation of suspension and consequential benefits with revision of pay etc. inspite of pendency of criminal cases. The petition was disposed of with the aforesaid directions.

(3.) HE states that learned Single Judge has failed to appreciate that respondent no. 1 is facing the decree of the amount of Rs. 3,11,933.65 ps. with interest at the rate of 6% p.a. from the date of suit till the date of decree and at the rate of 12% p.a. from the date of decree till the date of realization. Therefore, learned Single Judge ought to have refrained himself from granting relief of benefit of pay fixation because, whatever amount paid by present appellant to respondent no. 1 towards subsistence allowance is such which cannot be recovered and for securing the interest of the appellant.