K M RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . Rule. Mr. Bhambhania learned AGP appears and waives service of Rule on behalf of respondent.

(2.) . The brief facts leading to the present petition are that the petitioner who was serving as Superintendent of Section was promoted as Administrative Officer on ad hoc basis by the Office Order dated 17-7-1978. By the order dated 20 the petitioner was reverted back to his parent post of Supdt. The said order was challenged in Spl. C.A. No. 2268/81 in which initially interim order was passed in favour of the petitioner staying his reversion and during pendency of Spl. Civil Application he continued to function as Administrative Officer. On the said petition being rejected the petitioner filed L.P.A. No. 320/81. The same was also admitted and the petitioner was granted interim relief and was allowed to continue on the post of Administrative Officer. During the pendency of that LPA on 31-1- 1987 the petitioner retired from service while discharging functions as Administrative Officer and drawing emoluments thereof albeit under the orders of this Court. On his retirement in January 1987 the pensionary benefits of the petitioner were fixed in accordance with the pay which he was drawing as on the date of retirement in respect of the post which he was holding on that date. These facts are not disputed.

(3.) . After LPA No. 320/81 was disposed of by this Court by the impugned order dated 23-2-1994 respondents have sought to reduce petitioners pay and directed that since the petitioner has lost in LPA he should be deemed to have been reverted to Class: III post of Supdt. from the date of order i.e. 20-6-1981 and has directed recovery of excess salary paid and also reversion of pensionary benefits on the basis of notional pay in the post of Superintendent.