BHARATKUMAR SUNDARBHAI PARMAR Vs. DISTRICT DEVELOPMENT OFFICER

JUDGEMENT

(1.) At the outset, learned advocate Mr.Akshat Khare for the petitioner has submitted that by the interim order dated 05.09.2008, this Court had directed the respondent authorities to reinstate the petitioner and also to give continue salary as well as the revision of pay on or before 10th September, 2008. He has submitted that pursuant to the order, the petitioner is reinstated in service and is also paid revised pay scale. He has submitted that the aforesaid order has further not been challenged and accepted by the respondent authorities and hence nothing would survive in the matter.

(2.) The captioned Special Civil Application No.8660 of 2007 is filed by the petitioner for the implementation of the order dated 06.06.2006 passed by the Court of Commissioner (Disabled Persons) under the provision of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short "the Disability Act"). By the order dated 06.06.2006 the learned Commissioner after examining the matter threadbare had declared the action of the respondent No.2 of terminating the petitioner from service as illegal and void. The learned Commissioner had directed the respondents to reinstate the petitioner and it was further declared that the termination was in violation of the Disability Act, more particularly Section 47. It was further directed that the petitioner shall be reinstated with continuity of service with original salary. The entire service was also further directed to be treated for the purpose of pensionary benefits.

(3.) By the interim order dated 05.09.2008 this Court had directed to implement the aforesaid order pursuant to which the petitioner was reinstated in service. However, by filing the captioned Special Civil Application No.30216 of 2007, the respondents herein have challenged the order of the learned Commissioner. The matter was admitted on 17.09.2008, however, the impugned order of the authority was not stayed.