Gujarat High Court Case Information System
Print
SCA/16541/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 16541 of 2010
=========================================================
I.F.
SHAIKH - Petitioner(s)
Versus
HIGH
COURT OF GUJARAT THROUGH THE REGISTRAR GENERAL & 2 -
Respondent(s)
=========================================================
Appearance
:
MR
IS SUPEHIA for
Petitioner(s) : 1,
LAW OFFICER BRANCH for Respondent(s) : 1,
MS.
KRUTI M SHAH for Respondent(s) : 1 - 2.
MS JIRGA JHAVERI, ASST.
GOVERNMENT PLEADER for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 21/09/2011
ORAL
ORDER
Heard
learned Advocates for the parties.
Learned
Advocate Mr. I.S. Supehia for the petitioner would contend that by
an order dated 17.10.2005, the order of dismissal dated 28.05.2001
came to quashed and set aside and the petitioner was awarded 35% of
total back-wages. However, on perusal of the above order and
directions contained in Paragraph 11 and subsequently, in the order
dated 10.09.2008 passed in Special Civil Application No.9873/2008 by
the learned Single Judge, final decision was to be taken about the
status of the petitioner. Subsequently, as per the order dated
20.09.2008 a penalty of reversion in the pay scale for a period of
two years was imposed and the departmental inquiry as ordered in
Paragraph 11 of the order dated 17.10.2005 was finally concluded.
Learned
Advocate for the petitioner has placed reliance on Rule 31(1) of
Gujarat Civil Service (Pension) Rules, 2002 and has submitted that
if the government employee is dismissed and reinstated on order in
appeal, such employees would be entitled to count his past service
as qualifying service. In the facts of the case, upon setting aside
the order of dismissal of the petitioner, period of past service is
to be treated by respondent authorities towards qualifying service
in absence of any specific order passed about break in service, by
the authority in accordance with law.
Learned
Advocate for the respondent to take specific instructions to file a
reply on the above aspect including order of imposing penalty and
reversion in pay scale for two years by an order dated 20.09.2008.
Matter
to be listed on 17th
October, 2011.
Sd/-
(Anant
S. Dave, J.)
Caroline
Top