MAHESH R PATEL Vs. DISTRICT DEVELOPMENT OFFICER AHMEDABAD

JUDGEMENT

(1.) The petitioner was appointed as a Junior Engineer, Panchayat Division, Ahmedabad District Panchayat, on 20th April 1965. Subsequently, he was confirmed on this post under order dated 28-12-1972 issued by the Superintending Engineer, Ahmedabad Panchayat Circle, Ahmedabad. The petitioner was promoted temporarily as Deputy Engineer for a period of three months or upto the date the post exists or a Deputy Engineer is posted by the Government whichever is earlier. His services were placed at the disposal of the District Development Officer, Ahmedabad for posting in the scarcity Sub-Division. Though the appointment was for three months, the petitioner contended that he continued to work as such pursuant to the order passed by the District Development Officer dated 4-9-1973. The petitioner in paragraph 4 of the writ petition admitted that though he was not reverted, he was asked to work as Deputy Engineer by order dated 11-9-1974. The petitioner was ordered to be promoted regularly under the order of the Government dated 6-10-1977. In paragraph 8 of the writ petition, the petitioner admitted that he was ordered to be reverted from his temporary promotion vide order dated 8-11-1976, but he stated that the said order remained on paper. The petitioner has made twofold grievances in the writ petition. Firstly, it has been contended by the learned Counsel for the petitioner that on his regular promotion under order dated 6-10-1977, the petitioner's pay has been fixed at Rs. 700/- which is illegal. The petitioner, though on temporary basis was working on the post of Deputy Engineer in the payscale of Rs. 700-1300 and in this scale was Rs. 860/- on the date of regular promotion which should have been protected.

(2.) It has next been contended that the respondent instead of protecting the petitioner's pay, vide order dated 24th July 1980 has held that the appointment of the petitioner as Deputy Engineer on temporary basis was not approved by the State Government and as such he should refund the amount of salary drawn by him while working as temporary Deputy Engineer which is ex facie illegal and arbitrary. It has also been contended that this order has been passed in total violation of principles of natural justice.

(3.) Lastly, it has been contended by the learned Counsel for the petitioner that the services of the petitioner as Deputy Engineer should be regularised for the period from 15-1-1973 to 14-10-1977 and his pay be fixed on regular promotion basis upon regularisation of his services as Deputy Engineer.