NIRZAR S. DESAI
Ashokbhai Ramjibhai Jambucha – Appellant
Versus
District Development Officer – Respondent
ORDER :
1. Heard learned advocate Mr. A.S. Asthavadi for the petitioner, learned advocate Mr. H.S. Munshaw for Respondent Nos.1 and 2 and learned Assistant Government Pleader Ms. Foram Trivedi for Respondent Nos.3 and 4.
2. By way of this petition, the petitioner has prayed for quashing and setting aside the order dated 07.06.1995 and has further sought direction to the respondents to restore first higher grade pay to the petitioner in the pay-scale of Rs.1600-2660 from 01.06.1987. In consequential prayer the petitioner has prayed for revised pension from the date of his retirement and for arrears of the pension from 31.11.1994 onwards.
3.1 Learned advocate Mr. Ashthawadi for the petitioner submitted that petition was actually appointed in the Industrial Training Institute at Botad under Bhavnagar District Panchayat as Assistant Instructor on 12.02.1964 in the pay-scale of Rs.100-5-150 and subsequently he was appointed as Instructor in the year 1965 in the pay-scale of Rs.150-10-200. Thereafter, he was transferred to Surat along with the establishment and petitioner was relocated at Surat. The said Training Institute i.e. ITI was closed down in the year 1988 and the petitioner was dec
The court emphasized the importance of timely challenges to orders and the need for sufficient justification for any delay in filing petitions.
Significant delays in disciplinary proceedings can violate principles of natural justice, leading to quashing of penalties and entitlement to benefits.
The court established that delays in service-related claims do not bar relief if based on a continuing wrong, and benefits should be calculated from the date of filing the writ petition.
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