S.R.DAMOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In present petition, the petitioner assails the order dated 26.09.2007, whereby he is retired compulsory and the order dated 18.10.2008, passed by the respondent no.1 rejecting the review application of the petitioner.

(2.) The brief facts of present petition are as under:- The petitioner was duly selected and appointed in Government service as Junior Clerk on 13.04.1976 in the office of D.E.O. Kheda at Nadiad. The petitioner served in the said office from 13.04.1976 to 15.10.1979. From 16.11.1979 the petitioner served under the respondent no.2 and by sheer dint of hard work the petitioner came to be promoted as Senior Clerk, Head Clerk, Project Officer and Assistant Director, Class-II under the respondents. The petitioner's birth date being 01.01.1954 he would be reaching the age of superannuation of 58 years on 01.01.2010 and he would have retired on 31.01.2012 as per rules, but for the impugned illegal order of punishment of compulsory retirement.

(3.) Learned advocate Mr.Pujara appearing for the petitioner has contended that the lacuna in keeping the proper accounts had occurred due to non-availability of Clerk Mr.P.V.Rathod, who was to maintain all the records. He has stated that the services of Cashier-cum-Clerk, Mr.Rathod, were taken by respondent no.2 in his office for accounting and audit work from 26.07.2004 and 30.09.2004 without making any alternative arraignment. He has submitted that as there was no staff available, and the work kept on accumulating. Mr.Pujara has submitted that the petitioner repeatedly requested respondent no.2 to return the services of Mr.Rathod. He also addressed a letter dated 13.08.2004 in this behalf as he was facing serious administrative difficulties.