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SCA/12894/2000 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12894 of 2000
=========================================================
GK
PRAJAPATI - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
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Appearance :
MR
PARESH UPADHYAY for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1 -
3.
NOTICE SERVED BY DS for Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 04/05/2010
ORAL
ORDER
1.
Note 8 of Bombay Civil Services Rules, 1959 reads as under :-
Save as
otherwise provided in the Bombay Civil Services Rules, 1959 and the
Revised Leave Rules, 1936, if a Government servant working in an
office or department is selected for appointment either in the same
office or any other office to a service/cadre/post under the
Government through the Gujarat Public Service Commission, Centralized
recruitment scheme or any other method approved by Government and if
the service rendered prior to and after such selection is continuous
without any physical break, the previous service shall count for the
purpose of fixation of pay and leave;
Provided
that the break which has occurred due to the following contingencies
shall not be regarded as a physical break but shall be treated as
Dies non for the purpose of leave, increment of pension.
Sunday, a
holiday or holidays intervening the date of relief from the first
post and the date of joining the new post, irrespective of the fact
whether the charge of the first post was left in the forenoon or the
afternoon or the charge of the new post is taken in the forenoon or
the afternoon.
Explanation:-
Leaving of the charge of the first post in the forenoon or taking
over of the charge of the new post in the afternoon should only
affect the earning of pay and allowances for those days under the
provision of rule 24 of the Bombay Civil Services Rules, 1959.
Any other
day or days for which the Government servant is not allowed to join
the new post on administrative grounds
Learned advocate for the
Respondent will give explanation on note 8 of Bombay Civil Services
Rules, 1959. S.O. to 13th May 2010.
[K.S.Jhaveri,J.]
*Himansu
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