STATE OF GUJARAT Vs. MAHESHBHAI V RAVAL

JUDGEMENT

(1.) By this appeal under Clause 15 of the Letters Patent, the appellant State of Gujarat challenges the judgement and order dated 4th October, 1994 passed by the learned Single Judge in Special Civil Application No.1592 of 1983 whereby the petition has been partly allowed by holding that the respondent (original petitioner) is deemed to be promoted on 24.8.1981, i.e., the date on which his junior Mr. I.S. Parikh was promoted to Class I post and directing the appellants to compute and confer upon the respondent all benefits accordingly.

(2.) The case of the respondent (original petitioner) as stated in the petition is that he had joined Government service on 25.11.1949 as a Surveyor. Subsequently, after passing the relevant departmental examinations, he was promoted to Class-II post in 1973 and was working as City Survey Mamlatdar at the time of filing the petition.

(3.) By a letter dated 17.11.1980, the respondent applied for voluntary retirement and also requested for leave preparatory to voluntary retirement from 1.12.80 to 27.2.1981. By order dated 8.12.1980 leave was granted from 1.12.1980 to 27.2.1981 or from the date when he was relieved. As he was relieved on 8.12.1980, according to the respondent his leave was deemed to have been granted from 8.12.80 to 27.2.1981. Besides, in the letter dated 8.12.80 it was mentioned that necessary orders for voluntary retirement would be issued in due course. It was the case of the respondent that on expiry of leave, he did not get any order of voluntary retirement and that he had anxiously waited for the orders of the Government. However, by an order dated 17.3.82 the respondent was posted to Nadiad and by an order dated 19.3.82, his request for voluntary retirement was turned down. It was the case of the respondent that as his wife was suffering from some major ailment, he could not attend the office and informed the authorities accordingly, vide letter dated 23.3.1982. That vide order dated 3.5.82 he was posted at Rajkot, where he joined service on 6.5.82. It was further the case of the respondent that by a letter dated 3.4.82 he was asked to apply for leave from 28.2.81 till he joined service at Rajkot. The respondent, vide letter dated 2.9.82 requested the Settlement Commissioner and Director of Land Records that leave from 19.3.82 till 6.5.1982 be granted as commuted leave. As regards the period from 28.2.1981 to 18.3.82, it was the case of the respondent that he should be treated as on duty as he was awaiting orders from the Government. According to the respondent the Government should either have sanctioned the voluntary retirement or given posting order but neither was done till 19.3.1982, hence, he was deemed to be on duty from 28.2.1981 to 18.2.1982 and was entitled to pay and allowances for the said period.