PUNJIRAM MOHANLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner by this petition has prayed for appropriate writ to quash and set aside the order dated 10.03.2006 (Annexure' A') passed by the respondentState Government, whereby, he has been reverted to the post of 'Deputy Executive Engineer' and the pension is also directed to be fixed accordingly. The petitioner has prayed for consequential benefits also.

(2.) THE short facts of the case appear to be that the petitioner was appointed as an 'Assistant Engineer' on 17.06.1970 and thereafter, he was promoted to the post of 'Deputy Executive Engineer' on 29.04.1980. As per the petitioner, he continued to discharge his duties and on 01.06.2000, the Joint Selection Committee had recommended his name for adhoc promotion to the post of 'Executive Engineer'. Two years were also passed after granting him promotion on 02.03.2001. The petitioner, thereafter, continued in service and he retired as 'Executive Engineer' on 30.11.2003. Thereafter, the period of about 03 years has passed on 10.03.2006. The impugned order came to be passed by the State Government for reverting the petitioner to the post of 'Deputy Executive Engineer' and to fix the pension accordingly. As per the State Government, after the recommendation of the Selection Committee dated 01.06.2000, the chargesheet was served upon the petitioner on 20.07.2000 and therefore, he ought not to have been granted the adhoc promotion as 'Executive Engineer'. Therefore, the said order for adhoc promotion was treated as fortituous promotion and he was reverted to the post of 'Deputy Executive Engineer'. It is, under the circumstances, the petitioner has approached this Court by the present petition.

(3.) I have heard Mr. Depak Dave, learned counsel appearing for the petitioner and Mr. Rahul Dave, learned AGP for the State Authority and Mr. Manish Patel, learned counsel has filed his appearance for the District Panchayat, which is a formal party.