LAWS(GJH)-2023-6-1246

AARADHYANI PARSUBEN Vs. STATE OF GUJARAT

Decided On June 26, 2023
Aaradhyani Parsuben Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This petition is filed challenging the order dtd. 15/9/1992, of the Controller of State Health and Family Welfare Department, wherein, the service of the petitioner as Female Health Worker, has been terminated during training period (probation).

(2.) Facts, in brief, are as under: On 28/2/1992, the petitioner was appointed as Female Health Worker with District Panchayat, Amreli. During probation and training period, there were allegations of having illicit relation with one Mr.K.S.Basathiya. Pursuant to which, the petitioner was terminated from service by an order dtd. 15/9/1992, without any inquiry or notice therefore, the petitioner made a representation for his illegal termination on 03. 12.1996. Thereafter Mr.K.S.Basathiya challenging his termination approached this Court, by filing SCA No. 9566 of 2008. In the order of termination there are several other allegations, out of which one of it was having illicit relationship with the present petitioner. This Court vide CAV judgement dtd. 22/10/2021, quashed the order of termination of Mr.K.S.Basathiya and passed the order of reinstatement in service. Pursuant to the judgement of this Court dtd. 22/10/2021 in Special Civil Application No.9566 of 2008, Mr.K.S.Basathiya was reinstated in service. Claiming parity with Mr.K.S.Basathiya, the present petition is filed.

(3.) Heard learned advocate Ms.Dhwani Lakhani for the petitioner and learned Assistant Government Pleader Ms.Dharitri Pancholi for the respondents- State authorities.