LAWS(GJH)-2021-10-776

VIMLABEN VASHRAMBHAI VAGHELA Vs. STATE OF GUJARAT

Decided On October 26, 2021
Vimlaben Vashrambhai Vaghela Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The present petition has been filed for quashing and setting aside the impugned order of termination dtd. 31/12/2018 and further seeking a direction upon the respondents to reinstate the petitioners on the same terms and conditions with all consequential and incidental services till the sanctioned vacant posts (Staff Nurse) are available.

(2.) It is the case of the petitioners that they are Staff Nurses/Assistant Nurses and they had joined their studies of nursing between 1990 to 1999 and had completed their studies between 1993 to 2002 and further, without any advertisement or any application by any of them, the State Government sent appointment letters to each of the petitioners by RPAD to serve the bond period on fixed salary of Rs.9,400.00 on contractual basis. The petitioners have been terminated by the impugned order dtd. 31/12/2018.

(3.) Learned advocate Mr.Hardik Rawal for the petitioners has submitted that in fact the aforesaid impugned order is premised on the incorrect reading of the orders passed by this Court, whereby the applications of the petitioners have been rejected. It is submitted by him that as on today the petitioners have completed more than 10 to 20 years of service and they cannot be terminated from service and at least they could have been continued on the aforesaid post on the same terms and conditions.