GUNWANT Vs. THE ZILLA PARISHAD, GONDIA AND ORS.

JUDGEMENT

(1.) BY way of present petition, the petitioner challenges the show cause notice, dated 21.01.1999 issued by respondent No. 2 - Chief Executive Officer, Zilla Parishad, Gondia and the order dated 14th October, 1999 passed by the learned Additional Commissioner, Nagpur Division, Nagpur in Appeal No. 42/98 -99.

(2.) THE facts, which give rise to filing of the present petition, can be summarized as under: -

(3.) SHRI Gordey, the learned Senior Counsel invited my attention to the documents i.e. photocopy of the communication dated 09.02.2992 from Major, Officer Commanding Depot Company to the Superintendent of Police, Bhandara and communication dated 27th May, 1993 issued by Lieutenant Colonel OC Depot Company to the Deputy Inspector General of Police, Nagpur Range. The learned Senior Counsel then submitted that the petitioner also made available the documents i.e. certificates issued to him for perusal of the authorities in response to the communication dated 17.03.1999. Shri Gordey, the learned Senior Counsel submitted that the petitioner being aggrieved by the order of termination of his services, submitted an appeal before the Divisional Commissioner, Nagpur Division, Nagpur raising various grounds. He further submitted that the learned Additional Commissioner, Nagpur Division, Nagpur relying on the reply filed by the Office of the Zilla Parishad and more particularly the contention raised in the reply that in view of the Government Resolution No. TCM -1889/109537/8194/(9) MS -4 held that to comply the criteria as an ex -serviceman, five years' service in armed forces is required and as the petitioner completed two years and 11 months of service, the petitioner cannot avail the reservation for ex -servicemen and on this ground, the appeal was dismissed. The respondent/authorities acted against the applicant showing a total non -application of mind. The submission of Shri Gordey, the learned Senior Counsel was that to reject the claim of the petitioner, the authorities were placing an implicit reliance on the government circular and held that the petitioner has not completed his five years' service in army to treat him as ex -serviceman. The further submission of the learned Senior Counsel was that the said circular issued by the government is in respect of providing the services to the wards of the army personnel and ex -servicemen and this circular in no way makes any provisions or criteria of five years minimum service in armed forces for the appointment. Shri Gordey, the learned Senior Counsel then submitted that the petitioner who sought discharge from the service, upgraded his academic qualification and was successful in passing the D.Ed. Course in second class. He, therefore, submitted that the petitioner thus was complying the requisite academic qualification. The learned Senior Counsel also submitted that these material aspects are totally ignored by the authorities and only on mechanically and hyper technical considerations, the services of the petitioner were terminated.