4065 OF 2002 WITH A.NO.4069/2002 This appeal is preferred by Zila Parishad, Aurangabad against the judgment and order dated 29/09/2000 passed by the High Court in WP No.222/1988.
In the meantime, the respondent expired on 3/1/1988.
Sd Chief Executive Officer Zilla Parishad, Aurangabad Pursuant to show cause numberice, he proceeded on leave.
Subsequent writ petition filed by the legal representatives of the respondent was also based on the same cause of action, save and except, that in the second writ petition the order dated 30/11/1987 companypulsorily retiring the respondent was also challenged.
The High Court directed the appellant to pay full pay and allowances for the period from 14/6/1965 to 20/8/1982 including the arrears on account of revision of pay scales during the aforesaid period after adjusting the amount already paid to him.
2 Shri Mahmood Baig s o Hidyat Baig teacher Primary School Pribawada attended the quarterly companyference of J.E.I. Aurangabad District held at Hakgavan on May 9 10.
The High Court quashed the order dated 30/11/1987 companypulsorily retiring the deceased respondent from service.
The High Court also held 3.
On 13/11/1964, he was given a show cause numberice which reads as under The nature of alleged association of Shri Mahmood Baig, s o Hidyat Baig, Asstt.
It appears, for the first time, he filed writ petition in 1987 challenging the show cause numberice dated 13/11/1964, i.e. after a lapse of about 23 years.
3 that the deceased respondent was deemed to have companytinued in service from 14/6/1965 till 20/8/1982 and retired on attaining the age of superannuation on 20/8/1982.
In the second writ petition, the order dated 30/11/1987 companypulsorily retiring the respondent from service was also challenged.
O R D E R CIVIL APPEAL NO.
The said writ petition was subsequently withdrawn.
The High Court, by its impugned order, allowed the writ petition.
Undisputed facts are that the deceased respondent was found absent from 13/11/1964 till he filed a writ petition in 1987 challenging the order of show cause numberice dated 13/11/1964 that was withdrawn.
He attended private meeting of J.E.I. held at the resident of Shri Hussein Khan Hasmat Khan at Naigaven Aurangabad 1964.
We have heard the parties.
Thereafter, his whereabouts was number known for about 16 years.
His legal representatives filed a second writ petition on 28/1/1988 praying the same relief which was prayed in the first writ petition.
