JUDGMENT

SINGH, J. :— This appeal is directed against the judgment and order of the High Court of Gujarat dated 28-2-1986 (reported in 1987 Lab IC 143) allowing the re-spondents writ petition and quashing order of discharge from service and directing his reinstatement in service.

2. The respondent joined service as technical assistant with the Gujarat State Electricity Board (hereinafter referred to as the Board). He was promoted to the post of Deputy Engineer. While he was posted at Surat as Deputy Engineer he was transferred to Ukai sub-division under the order of the Superintending Engineer dated 29th March, 1974. Pursuant to the order of transfer he was relieved from his duties at Surat on 30th March, 1974 to enable him to join at Ukai. He made representation to the Additional Chief Engineer for cancelling his transfer order on the ground that his mother aged 70 years was ailing and it would cause great inconvenience to him if he was required to join at Ukai. His representation was rejected and he was directed to join at Ukai but he did not do so instead he filed a civil suit at Baroda challenging validity of the order of transfer. Meanwhile, the Chief Engineer by his order date