JUDGMENT :

N.N. MATHUR, J.

1. Rule.

2. The petitioner, a primary school teacher, was tried for offence under Sections 147, 148, 149, 302, 323 of I.P.C. As the said case was registered against him, he was put under suspension by order dated 17.12.1988. The petitioner was convicted for the said offences by the judgment of the Sessions Judge, Valsad dated 21.1.1990 and sentenced to life imprisonment. The petitioner preferred appeal against the said judgment of conviction and order of sentence. The petitioner was acquitted by judgment dated 11.10.1993 of this court. However just after his conviction by the trial court, his services were terminated by order dated 30.5.1990 with effect from 28.1.1990. The petitioner was also deprived of suspension allowance with effect from 29.1.1990. The said order was challenged by the wife of the petitioner by way of Special Civil Application before this court which was registered as Special Civil Application No. 5850 of 1993. The said Special Civil Application was withdrawn with a view to file a fresh Special Civil Application as the petitioner was acquitted by the judgment of the Division Bench of this court. The petitioner filed fresh Special Civil Ap