H. M. DHUVAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :

(2.) The brief facts giving rise to the present petition are that, initially the petitioner came to be appointed by order dtd. 10/10/1978 as Medical Officer (Adhoc) Class-II. Thereafter, the petitioner had passed GPSC examination and vide order dtd. 10/12/1979, he was appointed on permanent basis. It is the say of the petitioner that, there is no break between the Adhoc service and the services which came to be regularized. There was no even adverse remarks through-out his service tenure. That the entire service record is satisfactory and even the petitioner was permitted to cross the Efficiency Bar. It is the case of the petitioner that he was served with the charge-sheet dtd. 25/5/1988 and pursuant to the same an order dtd. 19/9/1997 came to be issued by which the petitioner was imposed penalty and was placed in the lower stage of the Pay Scale of Medical Officer - Class-II, i.e. the petitioner was drawing Rs.3,700.00 in August, 1997 and was placed in lower stage of Pay Scale of Rs.2,200.00 Rs.4,000.00 i.e. Rs.3,600.00 for a period of one year only without future effect.

(3.) Heard learned advocate Mr.N.K. Majmudar, appearing on behalf of the petitioner and learned Assistant Government Pleader Ms.Dharitri Pancholi, appearing on behalf of the respondent - State Authorities.