JAGRUTIBEN SURESHBHAI BHAVSAR Vs. STATE OF GUJARAT
LAWS(GJH)-2014-10-50
HIGH COURT OF GUJARAT
Decided on October 08,2014

Jagrutiben Sureshbhai Bhavsar Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

ABHILASHA KUMARI, J. - (1.) RULE . Ms.Shruti Pathak, learned Assistant Government Pleader, waives service of notice of Rule for the respondents. On the facts and in the circumstances of the case and with the consent of learned counsel for the respective parties, the petition is being heard and decided finally.
(2.) BY filing this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 21.11.2012, whereby her services as Junior Clerk, on adhoc basis, have been terminated on the ground that she failed to clear the PreService Training Examination in three attempts plus two additional attempts.
(3.) IT is the case of the petitioner that her father was serving as a Junior Clerk with respondent No.2. He died in harness on 12.07.2007. The petitioner, therefore, made an application for grant of appointment on compassionate grounds, which was accepted. The petitioner was given appointment as Junior Clerk on adhoc basis, with fixed salary of Rs.2,500/ -per month vide order dated 19.01.2009. Accordingly, the petitioner joined service under respondent No.2. One of the conditions of service of the petitioner was that she would have to pass a departmental examination in the specified number of chances and within the prescribed time limit. The petitioner appeared in the PreService Training Examination, but failed in all three attempts. The services of the petitioner were, therefore, terminated vide the impugned order dated 21.11.2012. The petitioner was granted two additional chances to sit in the Pre -Service Training Examination, but could not succeed in those chances as well. Aggrieved by the impugned order of the termination, the petitioner has approached this Court by way of the present petition. Ms.Reena Kamani, learned advocate for Mr.P.H.Pathak, learned advocate for the petitioner, has submitted that the petitioner was granted appointment on compassionate grounds as the family of the petitioner was in dire straits and in great need of employment due to the death of the breadwinner. Unfortunately, the petitioner could not pass the PreService Training Examination within the prescribed three chances and the two additional chances that were given to her. The petitioner has been discharging her duties satisfactorily. The petitioner is also physically handicapped to the extent of 70% and the burden of looking after her family has also been borne by the petitioner. Therefore, looking to the overall circumstances of the petitioner, and the fact that she was initially appointed on compassionate grounds, the action of termination of her services by the respondents is extremely harsh. The petitioner may, therefore, be reinstated in service on a ClassIV post, where there is no necessity of passing the PreService Training Examination.;


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