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1981 Supreme(Guj) 158

A.M.AHMADI
HUKUMAT RAI – Appellant
Versus
STATE – Respondent


Advocates Appeared: H.B.SHAH, M.M.JADEJA

A. M. AHMADI, J.

( 1 ) ON selection by the Gujarat Public Service Commission the petitioner was appointed on probation as a Medical Officer Class II in Gujarat Public Health Service in the pay scale of Rs. 425-850. In course of time he successfully completed the probation period and was allowed to cross the Efficiency Bar with effect from 1/03/1971 vide Annexure H to the petition. It then appears that by an order dated 18/03/1978 Annexure IV the Government was pleased to appoint the petitioner as the District Family Planning Medical Officer in Class I in the pay scale of Rs. 500-1250 on probation for a period of two years. The petitioner completed his probation period and was confirmed in service in the said post. Thereafter by a letter dated 15/09/1975 Annexure VIII the petitioner tendered his resignation with effect from 16/09/1975. Instead of giving one months notice as required by the relevant Rules he deposited one months salary in the Government Treasury at Surat in lieu of notice. In the said letter of resignation he stated that no departmental inquiry was pending against him and no Government dues were outstanding as on that date. This letter of resignation was addressed to







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