PUSHPABEN GOVINDBHAI WAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has prayed to quash and set aside the order dated 22. 10. 1992 to the extent giving new appointment and/or considering the petitioner as new appointee from October 1992.

(2.) AFTER following necessary procedure the petitioner was appointed as Staff Nurse in the Government Dispensary, Kadi. The Government had started government dispensaries in various towns and districts including at Kadi. In the year 1991 Kadi Nagarapalika requested State Government to take charge of the dispensary and accordingly respondent no. 2 has taken custody of the same. Thereafter the Superintendent has issued an order dated 22. 10. 92 considering the petitioner as new appointee. Hence the present petition has been filed.

(3.) LEARNED Advocate for the petitioner submitted that the petitioner was appointed by the government in its dispensary which was administered by the Kadi Nagarpalika at the relevant time. She was confirmed on the post from 1977. At the time of appointment there was no condition of transfer from one hospital to another hospital. There was no condition of passing of Hindi or Gujarati examination. The petitioner was appointed after following proper procedure and therefore in any case her appointment should not have been considered as new appointee.