B.P. CHUDASAMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge has been made by the petitioner by this special civil application to the order at Annexure-H dated 1.3.1986 of the Government of Gujarat, Health & Family Welfare Department, under which the Government has declined to condone the break in service of the petitioner for the period from 3rd March, 1977 to 11th Jan., 1980.

(2.) Facts of the case, in brief are that the petitioner was taken in employment in the office of the Superintending Engineer, Public Health Mechanical Circle, Ahhmedabad, as work charged clerk from 9.4.1975. He was relieved on 3rd March, 1977 as an economy measure. Thereafter the petitioner made representations to the Department and the Government, and ultimately he was taken back in service on 11.1.1980. After taking back him in service, the petitioner made representation to the Government and prayer has been made for condonation of break in servicve. Condonation of break in service has been prayed for ony on the ground that junior person, namely, Shri M.M. Angola, was retained in service, whereas the petitioner has been relieved. Even if the petitioner had to be relieved, for any economy measure, then the principle of first come last go should have been followed.

(3.) The petition has been contested by the respondent No. 2 and 3 by filing reply to the special civil application.