JAYANTIBHAI CHHOTUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed, with the following prayers :

(2.) Briefly stated, the relevant facts for the decision of the petition are that the petitioner was appointed as Junior Clerk under respondent No.2 (Conservator of Forests, Social Forestry, Bharuch) by letter dated 28.2.1996 on compassionate grounds. The father of the petitioner, who was serving as Forester, had expired while in harness, on 8.11.1992, therefore appointment on compassionate grounds was given to the petitioner. During the course of his service, the petitioner was called upon to pass the post-training examination. Being a member of Schedule Tribe, the petitioner was given four chances to pass the said examination. He appeared for the examinations on 15/20-9-2003, 16/19-3-2004, 27/30-9-2004 and, lastly on 28/02-3/4-2005. The petitioner was not successful in any of the chances taken by him for passing in the examination, therefore, his services were terminated by order dated 29.6.2005, after he failed to pass the examination on the fourth chance. Being aggrieved by the impugned order of termination, the petitioner has approached this Court by filing the present petition.

(3.) Mr.A.S.Supehia, learned counsel for the petitioner has submitted that, as the petitioner was appointed on compassionate grounds, it can be said that his appointment is a special appointment and not under the rules known as Gujarat Non-Secretariat Clerks, Clerk-Typists, Typists (Direct Recruitment Procedure) Rules, 1970. It is urged that only those candidates who have been appointed under these Rules are required to pass the examination and this requirement cannot be extended to cases of compassionate appointment, as held by learned Single Judge of this Court in the case of Kokilaben M. Pancholi Vs. Development Commissioner, 1998 2 GCD 1058. That, as per this judgment, an appointee on compassionate grounds is not required to pass the post-training examination, therefore the prayers made in the petition deserve to be granted.