BASIRBHAI UMARBHAI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Nirav K. Majmudar for petitioner, Mr. Dave, learned AGP for respondent NO. 1 and learned Advocate Mr. P.V. Shah for respondent No. 2 and 3. In this matter, affidavit in reply have been filed by respondent no. 3 as well as respondent No.1 which are on the record of this petition.

(2.) Rule. Service of rule is waived by Mr. Apoorva Dave, learned AGP on behalf of respondent No.1 and Mr. Pranav V. Shah learned advocate who is appearing for respondents no.2 and 3. In the facts and circumstances of the case and with consent of the learned Advocates for the parties, the matter is taken up for final hearing today.

(3.) As per the facts of the present case, petitioner was appointed as Malaria Surveillance Worker on 7.11.1985 in District Panchayat, Ahwa-Dangs where petitioner served as such upto 13.2.1992 and was absent from duty for 13.2.1992 to 6.8.1996 and from August, 1996, petitioner was transferred to from District Panchayat, Ahwa Dangs to District Panchayat Bharuch/Narmada. As per the case of the petitioner, period of service of service between 13.2.1992 to 6.8.1996 was ordered to be treated as leave without pay by the Panchayat Gram Gruh Nirman and Gram Vikas Vibhag by order dated 8.5.1998 and under the same order, it was also ordered that the period beyond three years of aforesaid period between 1992 to 1996 shall not be considered for pension purpose. It is the case of the petitioner that the petitioner has worked as such in one cadre, one post but in between, pursuant to his request, he was transferred to another district Panchayat in the year 1996.