JERAMBHAI D MAKWANA Vs. DISTRICT PANCHAYAT MEHSANA

JUDGEMENT

(1.) The petitioner was working as a Medical Officer, Class II in the Primary Health Centre, Nanna, Taluka Harij. At the aforesaid place he happened to be at 3rd post with effect from 22-9-1980.

(2.) Some dispute developed between the petitioner and respondent No. 2, who was No. 1 Medical Officer at the said place and therefore the person responsible to get the pay bills prepared, present it before the treasury and get money for being distributed to the staff members. Accordingly, the petitioner ought to have received salary for the months from October 1980 to August 1982 19 months. As he was not getting any amount the petitioner took the extreme step of going on hunger strike in the month of July 1984. The powers' that be took unbrage and as if in a huff, orders came to be issued that for the month of July 1984 he should not be paid salary. He was not to be paid salary even thereafter. However, higher authorities intervened and he started getting salary from August 1984 and onwards. In Annexure H to the petition, a statement pages 17, 18 & 19 these details are given. As per that statement, the total outstanding amount against the salary, allowance etc. comes to Rs. 26,488.35. To receive this amount, the petition has been filed.

(3.) It came to be admitted on 11-4-1985. Earlier, notice was issued and in response to it, Sr. Advocate Mr. K. G. Vakharia had appeared for the respondents. He, therefore, waived service of Rule which came to be issued on 11-4-1985. In spite of the fact that Rule was made returnable in the month of September 1985, till today no reply has been filed. The statements made in the petition on oath, therefore, go uncontroverted.