JUDGMENT :

S.H.VORA, J.

1. Being aggrieved and dissatisfied by the common oral judgment dated 10.02.2020 passed by the learned Single Judge in Special Civil Application No.4472 of 2008 with Special Civil Application No.7821 of 2016, present appeals under Clause 15 of the Letters Patent is filed by the original respondent – State of Gujarat.

2. Brief facts leading to filing of both the petitions can be stated thus :-

2.1. The original petitioner – private respondent herein was serving as Mamlatdar in the Revenue Department and on the basis of decisions taken by the original petitioner – private respondent herein in violation of provisions of Tenancy Act and in contrary to the Circulars issued by the Revenue Department, State of Gujarat dated 22.10.1965 and 26.09.1967, charge sheet came to be issued on 01.06.2005. In pursuance to the charge sheet, full fledged departmental inquiry was conducted against the original petitioner. Prior to it, the original petitioner was placed under suspension on 08.10.2001 and subsequently, vide order dated 13.10.2003, original petitioner was reinstated in service by the State.

2.2. Vide order dated 18.10.2008, Inquiry Officer concluded proceedings against the original petitioner and exonerated her from all the charges. Since, Disciplinary authority did not agree with the findings of Inquiry Officer, show cause notice dated 20.10.2012 came to be issued calling upon the original petitioner to reply the said show cause notice, which accordingly was responded by the original petitioner.

2.3. The Disciplinary authority reached to the conclusion that charges levelled against the original petitioner was proved. It appears that pending departmental proceedings, the original petitioner reached age of superannuation and therefore, original petitioner stood retired from service with effect from 31.07.2009. As disciplinary authority concluded that charges levelled against the original petitioner stood proved, it inflicted punishment of withholding of Rs.2000/- per month from pensionary benefits for a period of five years. A proposal inflicting punishment was forwarded to GPSC and after considering overall case, GPSC concluded withholding of Rs.1000/- per month from the pensionary benefits for a period of three years. Accordingly, the State accepted the advise of GPSC and inflicted punishment of withholding of Rs.1000/- per month from pensionary benefits for a period of three years. Though the original petitioner filed Review application before the Additional Chief Secretary, Revenue Department, Gandhinagar, but same was not entertained.

3. Feeling aggrieved by the aforesaid proceedings and outcome of the proceedings, original petitioner filed Writ Petition being Special Civil Application No.7821 of 2016 seeking quashing of the order dated 09.01.2015 passed by the Under Secretary, Revenue Department, State of Gujarat, by which the original petitioner is subjected to penalty of withholding of Rs.1,000/- p.m. from the pension of the petitioner for a period of three years and the decision of the Gujarat Public Service Commission (GPSC) dated 11.11.2014. Further, prayer was made for deemed date of promotion to the post of Deputy Collector with all consequential benefits and arrears of pay with effect from 24.07.2007 and also prayed for benefit of higher pay scale with effect from 01.06.2002 with all consequential benefits and arrears of pay.

4. The original petitioner has also filed Special Civil Application No.4472 of 2008 for direction against the State for granting her promotion to the post of Deputy Collector and set aside order dated 24.07.2008 passed by the respondent authority, by which her representation had been rejected.

5. The pleadings of the Writ Petition shows that the petitioner was initially appointed as Deputy Mamlatdar on 01.10.1977 and she was promoted as Mamlatdar on 16.03.1996 and superannuated on 31.07.2009. When original petitioner was serving as Mamlatdar, she was subjected to departmental inquiry