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SCA/756519/1994 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7565 of 1994
For
Approval and Signature:
HONOURABLE
MR.JUSTICE KS JHAVERI
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
S
N PANDOR & 3 - Petitioner(s)
Versus
DISTRICT
JUDGE - Respondent(s)
=========================================================
Appearance
:
MR
BR GUPTA for
Petitioner(s) : 1 - 4.
MS KRINA CALLA AGP for Respondent(s) :
1,
MR JB PARDIWALA for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 07/10/2008
ORAL
JUDGMENT
1.0. The
petitioners by way of this petition have prayed to quash and set
aside the impugned Office Order dated 30.05.1994 passed by the
respondents.
2.0. The
short facts of the case are :-
2.1. The
petitioners were working as Clerks in the establishment of the
District Court, Sabarkantha at Himmatnagar. since the year 1992. In
the year, 1994, the petitioners learnt that on account of some
transfer orders of certain Civil Judges, the respondent has decided
to discharge the petitioners from the service with effect from
13.06.1994. Subsequently, vide Office Order No. B/4/3/13/1994 dated
30.05.1994, the petitioners were discharged from service with effect
from 13.06.1994. Hence, this petition.
3.0. Heard
learned counsel for the parties. The main grievance of the
petitioners is that they are relieved from the service without
following any procedure contemplated under the service Rules and
their services were discharged on the ground of administrative
closure. On perusal of the record, it appears that this Court vide
order dated 9th March, 1995, confirmed the ad-interim
relief granted earlier and allowed petitioners to continue in service
and thereafter the petitioners were absorbed in the service and had
also been granted promotion. Further in view of the Office Order
dated 07.03.1995, it would not be proper to disturb the said position
which was prevailing since the year 1995 at this stage. Hence, the
impugned Office Order deserves to be quashed and set aside.
4.0. In
the result, the petition is allowed. The impugned Office Order dated
30.05.1994 is quashed and set aside. Rule is made absolute. No order
as to costs.
[K.S.
JHAVERI, J.]
/phalguni/
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