1. By way of this petition, the petitioner has prayed for directions to the respondent no. 3 to pay the different of amount due and payable by the respondent no. 3 for the period during which he was reverted to the post of Peon from Clerk.
2. The case of the petitioner is that the petitioner has joined as an Octroi Peon vide Resolution passed by Octroi Committee and thereafter was promoted to the post of Clerk. After a period of 20 years of his appointment, Respondent No. 1 addressed a letter to the then Administrator of Pardi Nagar Palika to initiate appropriate action against the petitioner as he was not holding the requisite qualification. Thereafter petitioner has preferred a Special Civil Application No. 11531/2002 which was decided in his favour.
3. It is contended by the learned counsel for the petitioner that the petitioner was not paid the difference amount of salary after the termination order was set aside by the Hon'ble High Court and even has not been paid the retirement benefits and pension amount.
4. Learned counsel for the respondent no. 3 Mr. Deepak P Sanchela stated that in view of the decision of Hon'ble Supreme Court of India in 2006(2) ACD 1430 : 2006 AIR SCW 1108, wherein the situation of the petitioner is identical. Therefore, the respondent is directed to consider the case of the petitioner within a period of 4 weeks from today.
5. If it is not considered then it will be open for the petitioner to file a fresh petition against them.
6. With these directions and observations, the present Special Civil Application stands disposed of.
(K.S.
Jhaveri, J.) Amar Top