MAMU DEVSHI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. K.B. Pujara, learned advocate for the petitioner and Mr. Kurven Desai, learned AGP for the respondent State.

(2.) The prayer in this petition is to quash and set aside the order dtd. 10/4/2019 passed by the respondent no. 4 by which the services of the petitioner were terminated and to direct reinstatement of the petitioner with continuity of service and all other benefits.

(3.) Facts in brief would indicate that the petitioner was serving as a labourer under the respondents since 1987 upto 1989. He was appointed as a Beat Guard by appointment order dtd. 22/10/1999. He was imparted basic training for four months from 15/11/1999 to 14/10/2000. For ten years post training examination was not conducted. However the petitioner was required to undergo two weeks' general refresher course in the year 2010. The petitioner was allowed to appear in the post training examination in the year 2010-2011 for the second time. Out of 9 papers he failed in two. The petitioner was thereafter given a third chance. The examination was held in the year 2014-15 but instead of requiring him to appear only in two papers, he was asked to appear in all the 9 papers. The petitioner was declared as having failed on 24/7/2015. The petitioner applied for an additional chance. The application was pending and in the meantime by an order dtd. 10/4/2019 the services of the petitioner were terminated.