JAGRUTIBEN SURESHBHAI BHAVSAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Ms.Shruti Pathak, learned Assistant Government Pleader, waives service of notice of Rule for the respondents. On the facts and in the circumstances of the case and with the consent of learned counsel for the respective parties, the petition is being heard and decided finally.

(2.) BY filing this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 21.11.2012, whereby her services as Junior Clerk, on adhoc basis, have been terminated on the ground that she failed to clear the PreService Training Examination in three attempts plus two additional attempts.

(3.) IT is the case of the petitioner that her father was serving as a Junior Clerk with respondent No.2. He died in harness on 12.07.2007. The petitioner, therefore, made an application for grant of appointment on compassionate grounds, which was accepted. The petitioner was given appointment as Junior Clerk on adhoc basis, with fixed salary of Rs.2,500/ -per month vide order dated 19.01.2009. Accordingly, the petitioner joined service under respondent No.2. One of the conditions of service of the petitioner was that she would have to pass a departmental examination in the specified number of chances and within the prescribed time limit. The petitioner appeared in the PreService Training Examination, but failed in all three attempts. The services of the petitioner were, therefore, terminated vide the impugned order dated 21.11.2012. The petitioner was granted two additional chances to sit in the Pre -Service Training Examination, but could not succeed in those chances as well. Aggrieved by the impugned order of the termination, the petitioner has approached this Court by way of the present petition.