KUSUMKAR V BHUNDIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned counsel for the petitioner.

(2.) It is not in dispute that the petitioner, City Survey Superintendent in the Revenue Department, Government of Gujarat, was ordered to be removed from the services under the order of the disciplinary authority dated 30.11.83. This order has been passed after holding departmental inquiry. The petitioner has challenged that order of his removal from services in this Court by filing Special Civil Application No.5876 of 1983. This Special Civil Application was decided on 11.12.96. The order of removal of petitioner from services was set aside and the matter was sent back to disciplinary authority to pass fresh order after giving an opportunity of hearing to the petitioner and after furnishing the copies of two documents and giving him an opportunity of producing his defence. The respondent-State challenged this order passed in the Special Civil Application aforesaid by filing L.P.A. No.545 of 1998 which came to be dismissed on 2 4/08/1998. The petitioner attained the age of superannuation in the month of June 1995, i.e. before his Special Civil Application No.5876 of 1983 has been decided by this Court on 11.12.96. The petitioner, after this decision, made a request to the respondents that he may be taken to be on duty from the date of his removal to the date of attaining age of superannuation, i.e. 30/06/1995 and he be given all the benefits of salary, pension and all other retirementary benefits. The petitioner has made a representation and then a notice has also been given, but when nothing has been done, he filed Special Civil Application No.4870 of 1997 before this Court. In this Special Civil Application, notice was issued to the respondents on 9/09/1997. Then on 17th November, 1997, this Special Civil application was admitted. As usual, the respondent-State of Gujarat and its functionaries have not cared to file reply to this Special Civil Application.

(3.) After filing of Special Civil Application No.4870 of 1997, the petitioner stated that he was ordered to be reinstated in the services by an order of respondent dated 18.11.98 and he was permitted to be retired from 30/06/1995. The respondent started to pay to the petitioner provisional pension at the rate of Rs.1275/= from the month of December 1998. The respondent, under the order dated 21.1.99, ordered for resuming of departmental inquiry against the petitioner. The petitioner objected it by filing protest vide his letter dated 25.1.99 and he prayed for dropping of the same. Hence Special Civil Application No.2434 of 1999. This writ petition has not been admitted so far.