SCA/157419/1995 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 1574 of 1995 With SPECIAL CIVIL APPLICATION No. 1575 of 1995 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= MD PARMAR & 1 - Petitioner(s) Versus DISTRICT JUDGE - Respondent(s) ========================================================= Appearance : MR CHETAN PANDYA for MR SV RAJU for Petitioner(s) : 1 - 2. MS KRINA CALLA AGP for Respondent(s) : 1, NOTICE SERVED for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 07/10/2008 ORAL COMMON JUDGMENT 1.0. The petitioners by way of this petition have prayed to quash and set aside the impugned Office Order dated 30.05.1994 passed by the respondents. SCA/157419/1995 2/3 JUDGMENT 2.0. The short facts of the case are :- 2.1. The petitioners were working as Clerks in the establishment of the District Court, Sabarkantha at Himmatnagar, since the year 1992. In the year, 1994, the petitioners learnt that on account of some transfer orders of certain Civil Judges, the respondent has decided to discharge the petitioners from the service with effect from 13.06.1994. Subsequently, vide Office Order No. B/4/3/13/1994 dated 30.05.1994, the petitioners were discharged from service with effect from 13.06.1994. Hence, this petition. 3.0. Heard learned counsel for the parties. The main grievance of the petitioners is that they are relieved from the service without following any procedure contemplated under the service Rules and their services were discharged on the ground of administrative closure. On perusal of the record, it appears that this Court vide order dated 9th March, 1995, confirmed the ad-interim relief granted earlier and allowed petitioners to continue in service and thereafter the petitioners were absorbed in the service and had also been granted promotion. Further in view of the Office Order dated SCA/157419/1995 3/3 JUDGMENT 07.03.1995, it would not be proper to disturb the said position which was prevailing since the year 1995 at this stage. Hence, the impugned Office Order deserves to be quashed and set aside. 4.0. In the result, the petitions are allowed. The impugned Office Order dated 30.05.1994 is quashed and set aside. Rule is made absolute. No order as to costs. [K.S. JHAVERI, J.] /phalguni/