GOPALDAS JANKIRAM DAHAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN this petition filed under Articles 226 and 227 of the Constitution, the petitioner has called in question the judgment and order dated 20.7.2000 by which Misc. Application No. 563/98, Contempt Petition No. 6/99 and Misc. Application No. 71/2000 filed in Transfer Application No. 1046/91 (Writ petition No. 840/94 as well as O.A. No. 495/97 Misc. Application No. 199/98 and Contempt Petition No. 33/1999, came to be decided by the Maharashtra Administrative Tribunal.

(2.) THE cause of this petition has a checkered history and it is, therefore, necessary to deal with the factual matrix in detail for better appreciation of the inter -se disputes challenging the orders passed by the State Government through ofs Home Department, and which were a subject matter of challenge before the Maharashtra Administrative Tribunal.

(3.) TRANSFER Application No. 1046/91 came to be finally decided by the Tribunal vide its judgment and order dt. 14th December 1995 and the operative part of the said order read as under : - 'Petition is partly allowed. The impugned Govt. Resolution dt. 18.1.1984 and 19.1.1984 are hereby quashed and set aside. The applicant shall be reinstated in service as Assistant Director (General, Analytical and Instrumentation Division) in the Directorate of Forensic Science Laboratory within 3 months from the date of receipt of this order by the respondents. The period from 19.1.1984 to the date of his return to duty shall be treated as period of service as Assistant Director for purposes of seniority, fixation of his pay under the efficiency bar, if any, and shall not be paid arrears of salary for the period during which he did not work or the difference between the salaries he received as Assistant Chemical Analyser and the salaries of the Assistant Director. The petitioner shall rejoin duty at the place of his posting within 15 days from the date he received his posting order. In case he fails to join within that period, he will not be entitled to the reliefs. The respondents will be at liberty to hold Departmental enquiry against him as per rules for his lapses in the performance of his duties as Assistant Director, if they deem it necessary.'