JALPABEN R GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner herein has prayed to quash and set aside the termination order dated 30.12.1999 passed by the respondents and further to direct the respondents to continue the petitioner on the post of Adhoc Lecturer in the subject of Pharmacy Chemistry in respondent no. 3 college with continuity of service together with all consequential and incidental benefits.

(2.) The petitioner was appointed as adhoc lecturer in the subject of Pharmacy Chemistry by the respondent no. 3 college on 01.12.1992 for a period of 11 months or till the regularly selected candidate was available. The petitioner continued in service without any problem till December 1997. Pursuant to the marriage of the petitioner she applied for leave on various grounds. It is the case of the petitioner that the respondents without issuing any notice and following any process of law terminated the services of the petitioner vide order dated 30.12.1999 on the ground of continuous absence and irregularity.

(3.) Mr. Hardik Rawal, learned advocate appearing for the petitioner has submitted that the petitioner had submitted application before the concerned authorities for half pay leave and the petitioner was having leave in her credit and therefore the respondents ought to have granted the same. Whenever the petitioner had remained on leave she had applied for the same and the respondents had always sanctioned the same. 3.1 Mr. Rawal has submitted that the action of the respondents in terminating the services of the petitioner without following due process of law is illegal and deserves to be quashed and set aside.