LAWS(GJH)-2022-3-660

TRUPTIBEN PARESHKUMAR JOSHI Vs. STATE OF GUJARAT

Decided On March 14, 2022
Truptiben Pareshkumar Joshi Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Rule returnable forthwith. Ms. Surbhi Bhati, learned AGP appearing for the respondent State waives service of notice of rule.

(2.) The petitioner by way of this petition claims the following reliefs:

(3.) Facts in brief would indicate that the petitioner was originally appointed as a Typist under the respondent - L.D. Engineering College. She was discharging here duties regularly. She was appointed on 25/10/1982 as a Punch Operator in the pay-scale of Rs.260.00400. The petitioner continued to work on such post till 1991 without break. A communication dtd. 21/9/1987 was issued with regard to the post of Data Entry Operator. Based on her work as Punch Operator, she was appointed on 6/7/1991 on the post of Data Entry Operator on which post she continued till superannuation on 31/1/2020. Initially the appointment of the petitioner on the post of Data Entry Operator was for a period of 11 months which was continued from time to time till she was confirmed in service by order dtd. 24/2/1995. After having completed 38 years of service, it is the case of the petitioner that she is entitled to the benefits of the resolution dtd. 16/8/1994 which was not granted. What was termed as an order of relieving on superannuation on 31/1/2020 was treated as an order of discontinuing the service of the petitioner from the post of Data Entry Operator. Hence, the petitioner brought an amendment by virtue of which prayer 5AA was added. In other words, the prayer also challenges the action of the authorities terminating her services 35 years after she having served on the post of Data Entry Operator on the very date when she was to superannuate.