PRIYVADAN B PATHAK Vs. DISTRICT PANCHAYAT SURENDRANAGAR

JUDGEMENT

(1.) As both these Special Civil Applications have been filed by one and the same petitioner in respect of same cause of action, the same are being disposed of by this common order.

(2.) The facts of the case are that the petitioner was temporarily appointed as driller in the Irrigation Division of the respondent Panchayat on 22nd May, 1973. The post of driller was not sanctioned post, but later on under the order of the Development Commissioner dated 19th December, 1975 approval was accorded to create on temporary basis the post of driller. Under the order of the Government dated 4th February, 1980, the approval has also been accorded to regularise the post of driller which was irregularly created for the period from 21st January, 1973 to 18th December, 1975 by the District Development Officer. Vide notification dated 20th December, 1984, the services of the petitioner were terminated with effect from 19th January, 1985 on the ground that no work of drilling was available. That order of termination has been challenged by the petitioner by filing Special Civil Application No. 6567/84 before this Court. This Court on 1.1.1985 issued notice returnable on 15th January, 1985. The writ petition was admitted on 22nd January, 1986. Earlier to it, cr, 18th January, 1985, this court made the order: Adjourned to 23rd January, 1985 at the request of Mr. Shukla. In the meantime, status-quo as to the petitioner's present position should be maintained subject to the clarification that beyond 19th January, 1985, the petitioner will be treated to be on leave without pay till further orders.

(3.) So from 19th January, 1985, the petitioner is not in service. On 3rd April, 1985, this Court has made the order :