(Per : HONOURABLE MR.JUSTICE C.L. SONI)
1. Learned Assistant Government Pleader Mr. Dave has filed affidavit-in-rely along with communication dated 22.3.2012 as also office order dated 26.3.2012 passed by the Executive Engineer, Dharoi Irrigation Scheme No.3, Visnagar, whereunder the applicant is ordered to be reinstated in service on certain conditions.
2. Learned advocate for the applicant has submitted that this is a conditional order passed by the Executive Engineer and no clear benefit of continuous service is granted to the applicant.
3. We, however, find that the order reinstating the applicant clearly states that continuity of service shall be granted to the applicant subject to the outcome of proceedings which might be taken by the respondent before the Hon'ble Supreme Court. Therefore, it clearly appears that the rights as regards continuity of service of the applicant have not been taken away, but what is provided in the order is reinstatement of the petitioner. At present, benefit of continuity of service shall be subject to the ultimate outcome of the proceedings of appeal which the respondent authorities might take before the Hon'ble Supreme Court.
4. In view of the above developments, presently, we do not propose to continue with this contempt petition. Therefore, these contempt proceedings are ordered to be closed at this stage, keeping it open to the applicant to approach again before this Court in case of any difficulty in future. The application is disposed of accordingly. Notice is discharged.
(AKIL KURESHI, J.) (C.L.
SONI, J.) omkar Top