VYAS, J. - (1.) THE instant petition has been filed by the petitioner with the prayer that the order dtd. 8. 4. 2003 (Annex. 13) may kindly be quashed and the petitioner may kindly be ordered to be paid the pension and modified gratuity and leave salary by taking into consideration the full span of service from the date of his appointment with appropriate rate of interest.
(2.) THE brief facts of the case are that the petitioner was initially appointed as Salesman vide order dtd. 9. 8. 68 (Annex. 1) under the respondent No. 2. The petitioner was promoted to the post of Supervisor vide order dtd. 20. 2. 1986 (Annex. 1a ). It has also been averred in the writ petition that the petitioner was placed under suspension vide order dtd. 12. 2. 1987 (Annex. 2 ). However, after departmental enquiry, the petitioner was exonerated vide order dtd. 22. 5. 1990 (Annex. 3 ). Thus, the suspension of the petitioner was nonest. It has also been averred in the writ petition that State Government issued an order of liquidation of the Bhandar in the year 1987 and as a consequence whereof, the services of the petitioner were terminated vide order dtd. 12. 6. 1987 (Annex. 4 ). Further case of the petitioner is that against the order of termination on account of liquidation of Bhandar, employees of the Bhandar filed a writ petition and some of the employees raised the dispute before the Labour Court.
(3.) FURTHER case of the petitioner is that the controversy involved in the instant petition has been set at rest by the Division Bench of this Court in D. B. Civil Special Appeal No. 807/1993 decided on 7. 10. 1996 (Annex. 5 ). The Division Bench of this Court held that since the liquidation order of Bhandar was withdrawn by the State Government, the status quo ante ought to have been maintained and it was the duty of Bhandar to immediately call the employees working before the liquidation and ought to have restored their services. This Court accordingly directed that the petitioner therein be taken back in service from the date of revival of the Bhandar with continuity of service, as if he had never been terminated, but in peculiar circumstances of the case, the petitioner was paid 50% back wages. Similar writ petition No. 5808/1992 has also been allowed vide order dtd. 14. 1. 1997 (Annex. 6) in view of Division Bench judgment in the case of Poonam Chand (supra ). The petitioner was also reinstated in service on 4. 2. 1994 and was placed in the pay scale of Rs. 1400-40-1800 EV 50-2300. Further case of the petitioner is that since he was given less salary than his juniors, he made a representation before the respondent No. 2 and on the representation, an order dtd. 16. 1. 1999 (Annex. 8) was passed modifying the pay scale and salary of the petitioner and the petitioner was fixed in the pay scale of Rs. 1400-2600 and was fixed at the basic scale of Rs. 2100/ -. ;