JAYSUKHLAL BAVANJIBHAI SINGADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article226 of the Constitution of India has been preferred, interalia, with a prayer to direct the respondent authorities to pay pension and other retiral benefits to the petitioner, including the amount of ESIC and the benefits of higher payscale, arrears of pay and suspension allowance with interest, after considering the petitioner's pensionable service.

(2.) Briefly stated, the facts of the case are to the effect that the petitioner was appointed as a Peon on 23.04.1980 with the respondentDepartment, at Porbandar. Thereafter, he was transferred to Gandhinagar in the year 2005, in the same department and on the same post. A Show Cause Notice was issued to the petitioner on the ground of misappropriation while discharging his duties. Thereafter, a chargesheet came to be issued and, ultimately, an order dated 14.03.2007 was passed by respondent No.2 Commissioner, Geology and Mining Department, removing the petitioner from service. The petitioner preferred an appeal against the aforesaid order before the Gujarat State Services Tribunal, Gandhinagar, being Appeal No.84/2007, which came to be partlyallowed vide an order dated 02.05.2008, by setting aside the order of removal from service. The matter was remanded to the Appellate Authority for a fresh decision.

(3.) Mr.Shashvata Shukla, learned advocate for Mr.P.P.Majmudar, learned advocate for the petitioner, has stated, upon instructions, that the petitioner may be permitted to make a fresh application to the concerned respondents for the grant of benefits as may be available to him under the Rules, considering that he has been directed to be compulsorily retired from service. In the event that the petitioner makes such an application, the concerned respondent may be directed to consider and decide the same, within a timebound period.