Decided on December 09,1983

(Mrs.) Gangaben J. Solanki Appellant
State of Gujarat and Others Respondents


S.A.SHAH - (1.) The petitioner challanges the order of her removal from service passed by the District Health Officer on 9-3-1977 produced at annexure-E and the appellate order dated 5-12-1977 passed by the District Development Officer dismissing her appeal.
(2.) The facts of this petition inter alia are as under. The petitioner was appointed as mid-wife by an order dated 7-10-1961 of the Deputy Director of Public Health Services Baroda which is produced at annexure-A. There is no dispute that the petitioner was a State Government servant at the time of her appointment. On coming into force of the Gujarat Panchayats Act 1961 (hereinafter referred to as Panchayat Act) under the provisions of sec. 157 the Department of Public Health and Medical Relief was transferred to the District Panchayats so that the panchayats can exercise the powers and functions and duties which are exercised by the State Government. It appears that with the transfer of Public Health and Medical Relief Department under the provisions of secs. 157 and 158 of the Panchayat Act the petitioner appears to have been allotted to Ahmedabad District Panchayat. According to the petitioner she was sent to the Panchayat Service on deputation. The petitioner has produced a letter dated 5-3-1968 at annexure-B which is written by the District Panchayat to the Director of Health and Medical Services at Ahmedabad which reiterates that the petitioner is a State Service employee and was working on deputation and intends to opt for Employees State Insurance Corporation and the Panchayat has no objection to relieve the petitioner.
(3.) The petitioner has averred in para 4 of the petition that she was transferred from place to place the details of which were also given. The petitioner has worked at Sanand Centre from 1963 to 1968; for ten months at Detrej Centre for ten months at Bareja Centre and for about 16 months at Nandej Centre. However by an order dated 23/04/1971 along with others the petitioner was transferred from Nandej to Pimpli Centre. The said or order of transfer has been produced at annexure-H to the petition.;

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