MAHMAD AYUBKHAN ANWARKHAN NAGORI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The facts of the case are that the petitioner was taken by the respondents as Driver cum Peon. His services came to be terminated on 3.12.1993. Learned counsel for the petitioner states that appointment was given to the petitioner for two months only though it was continued for 9 months. He states that the termination of the petitioner thereafter was challenged before this Court by filing Special Civil Application No.13788 of 1993. That petition was allowed on 18.1.1994 and the petitioner was directed to be reinstated in service with back wages. On 10.2.1994, the petitioner was reinstated and on the same day his services came to be terminated.

(2.) Learned counsel for the petitioner contended that termination of services of the petitioner on the same date on which he was reinstated in compliance of this Court's order, is mala fide, arbitrary and unjustified.

(3.) Shri D.A. Bambhania, learned counsel for respondents nos.1 and 2 contended that the post of Driver cum Peon was ordered to be kept in abeyance due to 10 % cut in staff strength. Shri Bambhania further stated that the post of Driver cum Peon has been ordered to be kept in abeyance. However, on being asked by the Court Shri Bambhania very fairly admitted that the jeep has not been surrendered to the Government by the respondents.