PRADEEP NANDRAJOG, J. - (1.) THE six captioned writ petitions are being decided by a common judgment for the reason the factual matrix is inter- twined and one event led to the other resulting in various orders being passed. Unfortunately for the petitioner the joy of being inducted as a member of the Indian Administrative Service was short-lived and before he came out of his infancy in the service he got embroiled in litigation after litigation. Except for a short stint of service spanning about five years he discharged no duties, being suspended, and ultimately got dismissed from service on 2.4.2007. Having successfully cleared the Central Civil Services Examination and being allocated Maharashtra Cadre, as a Member of the Indian Administrative Service, the petitioner joined service in the State of Maharashtra on 1.9.1982.
(2.) CLAIMING that he became eligible to be granted the senior time-scale on 1.1.1986 and alleging that the same was illegally denied to him, the petitioner filed WP(C) No.656/1986 before the High Court of Bombay which was transferred to the Central Administrative Tribunal upon constitution of the Tribunal where the said writ petition was dismissed by the Tribunal vide judgment and order dated 19.1.1987 against which the Supreme Court granted Leave to Appeal and as a result Civil Appeal No.3464/1987 came to be registered before the Supreme Court against the decision dated 19.1.1987 passed by the Central Administrative Tribunal. When the Civil Appeal was pending before the Supreme Court, the petitioner was suspended vide order dated 26.5.1988 and a charge-sheet was served upon him for major penalty proceedings on 6.7.1988. The petitioner challenged his being suspended as also the charge-sheet by and under WP(C) No.1037/1988 before the Supreme Court. Vide judgment and order dated 30.8.1988, Civil Appeal No.3464/1987 was allowed by the Supreme Court and the decision dated 19.1.1987 of the Central Administrative Tribunal was set aside. As a result thereof, the petitioner became entitled to be placed in the senior time-scale with effect from the date persons junior to him were placed in the senior time- scale; all consequential benefits as per Service Rules were held to be enuring to the benefit of the petitioner.
(3.) AN interim order dated 2.11.1988 was passed by the Supreme Court in WP(C) No.1037/1988 in which the charge- sheet issued and served upon the petitioner on 6.7.1988 was stayed. Though prayed for, order dated 26.5.1988 under which the petitioner was suspended was not stayed. Thus since 26.5.1988 the petitioner remained suspended. In the meanwhile, vide order dated 1.10.1988 petitioner was granted senior time-scale with effect from 25.2.1986 in compliance with the decision dated 30.8.1988 passed by the Supreme Court in Civil Appeal No.3464/1987. Since petitioner was under suspension since 26.5.1988, the Collector Kolhapur sent a bill to be signed by the petitioner so that subsistence allowance could be paid. None could be paid as the bill was not signed. Thereafter, various communications were sent to the petitioner on 27.3.1989, 19.12.1990, 9.5.1991, 13.5.1991, 23.5.1991, and 17.7.1991 calling upon the petitioner to submit non-employment certificate and sign the bills sent to him from time to time so that subsistence allowance could be released. The petitioner ignored all of them.;