DISTRICT PRIMARY EDUCATION OFFICER Vs. BHAVIKABEN NARENDRABHAI PATEL

JUDGEMENT

(1.) Heard learned advocate Mr. HS Munshaw for the appellant, learned advocate Mr. Dipak Patel for the respondent No.1 and learned AGP Mr. Aditya Pathak for respondent Nos.2 and 3.

(2.) This intra Court appeal is filed at the instance of the appellant - District Primary Education Officer questioning the legality and propriety of oral order dtd. 22/10/2019, whereby, the learned Single Judge allowed the writ petition in terms of judgment dtd. 17/6/2019 passed by the Division Bench in Letters Patent Appeal No.372 of 2019 and allied matters as well as Letters Patent Appeal No.310 of 2019 and allied matters and directed to reinstate the original petitioner and confer her/his all benefits which are paid to the employee of the said Letters Patent Appeal. Learned Single Judge has also passed an order directing the present appellant to pass necessary order for giving effect within three months from the date of the order.

(3.) The facts in brief would be that in response to the application for the post of Vidhya Sahayak, after due process of the selection and due verification of the certificate as well as testimonials, the District Primary Education Officer, Vadodara issued appointment letter dtd. 31/1/2009 appointing the petitioner as Vidhya Sahayak. Two years later, by order dtd. 29/4/2011, the District Primary Education Officer, Vadodara terminated the services of the petitioner as Vidhya Sahayak. Said order has been called to challenge by way of filing Special Civil Application No.6935 of 2011 under Article 226 of the Constitution of India. Several other Vidhya Sahayaks have also filed writ petition. Vide common oral order dtd. 13/7/2011, this Court has disposed of the group of writ petitions by directing the concerned authority to constitute Committee of three officers viz. One officer from the office of the Director of Primary Education, one officer from the Education Department not below the rank of the Under Secretary and District Primary Education Officer to examine the case of the concerned, who are terminated from the services without being influenced by the earlier termination order.