VIRENDRA MAHASHETH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. BI Mehta for Mr. Trilok J. Patel for the petitioner and Ms. Natani, learned AGP for the respondents.

(2.) Rule. Service of rule is waived by the learned AGP Ms. Sandhya Natani on behalf of the respondent State Authorities. In the facts and circumstances of the case, with consent of both the learned Advocates, the matter is taken up for final hearing today.

(3.) As per the case of the petitioner, the petitioner was appointed as Junior Engineer on 26.6.1973. In February, 1983, petitioner was promoted to the post of Deputy Executive Engineer. On 29.7.1987, services of the petitioner were terminated because of unauthorized absence. Said order was challenged by petitioner before this court by filing Special Civil Application no. 228 of 1988 wherein this Court (Coram : Hon'ble Mr. Justice P.B.Majmuda,J.) has by order dated 10.12.2003, set aside the termination order and granted reinstatement without back wages for interim period and it was kept open for the respondents to hold appropriate inquiry in accordance with law. It was also observed that the petitioner will not be entitled to any monetary benefits, however, his services should be treated as continuous service for enabling the petitioner to get all any other benefits. On 1st October, 2004, one application being Miscellaneous Civil Application No. 1669 of 2004 for modification of earlier order was filed by the petitioner which was disposed of by this court and thereafter, representation was made by the petitioner on 6th August, 2005 wherein the respondents passed an order on 4th September, 2006 and considered interim period from 19th December, 1983 to 31st January, 2004 as unauthorized absence and break in service for the purpose of pension. Therefore, petitioner has challenged aforesaid order which is at page 36 dated 4th September, 2006.