Gujarat High Court
Subhashchandra vs Gujarat on 23 August, 2010
Gujarat High Court Case Information System
Print
LPA/2446/2009 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2446 of 2009
In
SPECIAL
CIVIL APPLICATION No. 772 of 2009
With
CIVIL
APPLICATION No. 13421 of 2009
In
LETTERS PATENT APPEAL No. 2446 of
2009
=========================================================
SUBHASHCHANDRA
AMBALAL BAROT - Appellant
Versus
GUJARAT
WATER SUPPLY & SEWERAGE BOARD & 3 - Respondent(s)
=========================================================
Appearance
:
MR
GM JOSHI for
Appellant.
MR PRANAV TRIVEDI, AGP for Respondent(s) : 1,
None
for Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 12/04/2010
ORAL ORDER
(Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) This Appeal preferred under Clause 15 of the Letters Patent arises from the judgment and order dated 23rd June 2009 passed by the learned Single Judge in above Special Civil Application No.772 of 2009.
The appellant before this Court is an Engineer retired from the service of the Gujarat Water Supply & Sewerage Board (hereinafter referred to as the Board ). In the year 2004 the appellant was transferred from Ahmedabad to Kalol, District Mahesana. Since the date of his transfer, the appellant fell sick and remained absent from service. He reported for duty on 14th February 2006. On his retirement on 30th September 2006, the period of his absence from 15th June 2004 to 13th February 2006 has been treated as unauthorised absence and break in service , rendering the said period inadmissible for computation of terminal benefits of pension and gratuity.
Feeling aggrieved, the appellant preferred the above Special Civil Application No.772 of 2009. The learned Single Judge has dismissed the petition. Therefore, the present Appeal.
Learned advocate Mr.G.M.Joshi has appeared for the appellant. He has admitted that the appellant remained absent from service since 15th June 2004. But, he had reported for duty in the month of August 2005. He was instructed to produce fitness certificate given by the Civil Surgeon. The certificate of the Civil Surgeon was not accepted by the Board. The Board directed the appellant to appear before the Medical Board. Mr.Joshi has submitted that at first the Medical Board refused to examine the appellant, a class III servant. The appellant was examined by the Medical Board after many a months and only after intervention by the Board. The appellant was not permitted to resume duty until the fitness certificate given by the Medical Board was produced. He was permitted to report for duty on 14th February 2006. Thus, the appellant was prevented from resuming the duty from August 2005 till 14th February 2006. In the submission of Mr.Joshi, the said period from August, 2005 to 14th February, 2006 requires to be treated as compulsory waiting period, admissible for pay, allowances and the terminal benefits.
We see no substance in the Appeal. The order of the learned Single Judge does not call for interference. The Appeal is dismissed in limine.
Civil Application stands disposed of.
(MS.
R.M. DOSHIT, J. ) ( M.D. SHAH, J.) syed/ Top