MANISHABEN JYOTINDRAKUMAR THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Articles 226 and 227 of the constitution of India in which the petitioner has prayed that the order dtd. 13/3/2018 passed by the Gujarat Civil Services Tribunal (hereinafter referred to as the 'Tribunal' for short) in Appeal No.99 of 2011 be quashed and set aside. It is also prayed that the order dtd. 12/10/2010 passed by the respondents be quashed and set aside.

(2.) Looking to the issue involved in present petition, learned advocates appearing for the parties jointly submitted that this petition be decided finally at admission stage. Hence, Rule. Learned AGP Mr. Hardik Mehta as well as learned advocate Ms. Harshal Pandya waive service of notice of Rule for the respondent Nos. 1 and 2 respectively.

(3.) Learned advocate for the petitioner Ms. Mamta Vyas mainly submitted that pursuant to the advertisement and after following the procedure, the petitioner was appointed as English Typist on 6/5/1989 in Surendranagar District Panchayat, wherein the petitioner was working at Health Branch. Petitioner was, thereafter, placed on deputation in the office of Gujarat Panchayat Service Selection Board where she worked during the period between 16/8/1991 to 17/2/1992. Once again she was placed on deputation in the office of Commissioner, Tribal Development between 18/2/1992 to 18/1/1996. At this stage, it is pointed out that, thereafter, as per the Resolution of Health and Welfare Department, Gandhinagar issued on 23/10/1992, the post in question was abolished and in the new programme viz. Child Survival and Safe Motherhood Programme, there was no post of English Typist. The respondent No.2, therefore, sought guidance from respondent No.1. The respondent No.1 directed to retrench the person working on the post of English Typist by letter dtd. 8/7/1993. The retrenchment form was not filled in by the petitioner. Since the post of typist was abolished in Surendranagar District, the petitioner was retrenched by letter dtd. 3/1/1996 and was placed under Gujarat Panchayat Service Selection Board. Thereafter, the petitioner was relieved vide order dtd. 18/1/1996.