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VAIBHAVI D. NANAVATI
C. G. Govindan – Appellant
Versus
Registrar – Respondent
JUDGMENT :
(Vaibhavi D. Nanavati, J.) :
Heard Mr. C.G Govindan, learned party-in-person and Mr.D.M Devnani, learned advocate appearing for respondents nos. 1 to 3. Ms. Suman Motla, learned AGP for respondent no.4.
2. The petitioner herein, was serving as Private Secretary in the establishment of the High Court and had retired upon reaching the age of superannuation upon completing 38 years of service on 30.04.2004. Before filing the present writ petition the petitioner had filed departmental appeal being SCA No.10345 of 2001, SCA No. 4461 of 2003 and MCA No. 2189 of 2004 in SCA No. 4461 of 2003 with CA No. 7755 of 2005. While disposing of MCA No.2189 of 2004 with CA No. 7755 of 2005 in SCA No.4461 of 2003 vide order dated 13.09.2005, it was observed that if the applicant was not satisfied with the decision, then the petitioner had the remedy to challenge the decision by filing a substantive petition. The said order is duly produced at Annexure-A. In view thereof, the present petition is filed by the petitioner herein, being aggrieved by the order no. B.1304 of 2000 dated 27.06.2000 passed by the respondent no.2, the then Registrar of High Court of Gujarat, confirming the petitioner r
A government servant loses their lien on a previous post upon confirmation in a new permanent position, affecting eligibility for benefits tied to the former post.
where the appointment is temporary or irregular in any manner, reversion should be carried out within a reasonable period and, therefore, reversion of the appellant therein from the post of District ....
Eligibility for promotion and higher grade scales must include all prior service, irrespective of department transfers, highlighting the unconstitutionality of arbitrary restrictions on seniority and....
The refusal to accept a transfer does not negate entitlement to a higher pay scale after the requisite service period, especially when the posts are equivalent.
Pensionary benefits - If a government servant seeks employment in another unit or department or in another cadre or grade in same department under Rules, his/her lien on original appointment shall be....
The court clarified that a relieving order related to a new appointment does not equate to resignation, thereby preserving the lien on the original post until permanent absorption occurs.
Petitioner is entitled to claim only benefits of service as per Office Memorandum and not entitled to continue in the post as Director (Operations and Technical) till completion of his term of 5 year....
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