BHALCHANDRA SITARAM JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petition has been filed seeking following prayers:

(2.) The petitioner has retired from the service in the police department as Assistant Sub Inspector on 30.06.2004. He was sent on deputation in Intelligence Bureau Department (I.B.), which carries the pay-scale of Rs.5500-175-9000. The petitioner was serving as Assistant Sub Inspector (Armed Head Constable), who was placed in the pay-scale of Rs.4000- 100-6000. By an order dated 01.01.2000, the respondent authorities passed an order posting the petitioner in the I.B.Department with effect from 01.01.2000. Initially the petitioner was sent on deputation for three years and thereafter, was repatriated on 11.06.2004 just before 19 days from his date of retirement. The petitioner resumed duty at his parent department i.e. the office of Police Commissioner on 12.06.2004 and retired on superannuation on 30.06.2004.

(3.) Learned advocate Mr.T.R.Mishra appearing for the petitioner has vehemently submitted that the respondents could not have repatriated the petitioner just before 19 days of his retirement. He has submitted that the petitioner, after his retirement, joined his parent department and his salary was revised in the pay-scale of Rs.4000-6000 and accordingly, also the pension and retiral benefits are fixed on the reduced pay-scale.