REGENT COMPUTRONICS PVT. LTD.

Mayuri Himmatlal Panchal Appellant

V/S

HIGH COURT OF GUJARAT Respondents

Referred Judgements :-

SAMSHER SINGH VS. STATE OF PUNJAB [REFERRED TO]
NEMAI CHANDRA KUMAR VS. MANI SQUARE LTD [REFERRED TO]
JUGALKISHORO SARAF VS. RAW COTTON COMPANY LIMITED [REFERRED TO]
STATE OF BIHAR VS. GOPI KISHORE PRASAD [REFERRED TO]
STATE OF ORISSA VS. RAM NARAYAN DAS [REFERRED TO]
RANENDRA CHANDRA BANERJEE VS. UNION OF INDIA [REFERRED TO]
JUGDISH MITTER VS. UNION OF INDIA [REFERRED TO]
STATE OF PUNJAB VS. DHARAM SINGH [REFERRED TO]
STATE OF PUNJAB VS. SUKH RAJ BAHADUR [REFERRED TO]
S P VASUDEVA VS. STATE OF HARYANA [REFERRED TO]
STATE OF UTTAR PRADESH VS. BATUK DEO PATI TRIPATHI [REFERRED TO]
ANOOP JAISWAL VS. GOVERNMENT OF INDIA [REFERRED TO]
SHIV KUMAR SHARMA VS. HARYANA STATE ELECTRICITY BOARD CHANDIGARH [REFERRED TO]
STATE OF UTTAR PRADESH VS. KAUSHAL KISHORE SHUKLA [REFERRED TO]
RADHEY SHYAM GUPTA VS. U P STATE AGRO INDUSTRIES CORPORATION LIMITED [REFERRED TO]
DIPTI PRAKASH BANERJEE VS. SATVENDRA NATH BOSE NATIONAL CENTRE FOR BASIC SCIENCES CALCUTTA [REFERRED TO]
CHANDRA PRAKASH SHAHI VS. STATE OF UTTAR PRADESH [REFERRED TO]
KRISHNADEVARAYA EDUCATION TRUST VS. L A BALAKRISHNA [REFERRED TO]
H F SANGATI VS. R G HIGH COURT OF KARNATAKA [REFERRED TO]
PAVANENDRA NARAYAN VERMA VS. SANJAY GANDHI PGI OF MEDICAL SCIENCES [REFERRED TO]
HARBHAJAN SINGH VS. PRESS COUNCIL OF INDIA [REFERRED TO]
BHAVNAGAR UNIVERSITY VS. PALITANA SUGAR MILL PRIVATE LIMITED [REFERRED TO]
NASIRUDDIN VS. SITA RAM AGARWAL [REFERRED TO]
ABHIJIT GUPTA VS. S N B NATIONAL CENTRE BASIC SCIENCES [REFERRED TO]
CHAITANYA PRAKASH VS. H OMKARAPPA [REFERRED TO]
RAJESH KOHLI VS. HIGH COURT OF J AND K [REFERRED TO]
R C CHANDEL VS. HIGH COURT OF M P [REFERRED TO]
SHRIRANG YADAVRAO WAGHMARE VS. STATE OF MAHARASHTRA [REFERRED TO]
SADHNA CHAUDHARY VS. STATE OF U.P. [REFERRED TO]
UNION OF INDIA VS. EXIDE INDUSTRIES LIMITED [REFERRED TO]

JUDGEMENT

(1.) By means of this writ petition the petitioner has sought for quashing of the order dtd. 11/3/2022 passed by the respondent No.2, the State of Gujarat on the recommendation of the respondent No.1, namely the High Court of Gujarat in passing a simpliciter order of discharge of the petitioner from services with immediate effect, considering her unsuitability for the post she held, i.e. Civil Judge (J.D.).

(2.) By means of an amendment brought under the order of this Court dtd. 16/12/2022, the petitioner had further sought the relief to hold and declare the Rule 14(5) of the Rules' 2005, namely the Gujarat State Judicial Service Rules' 2005 being ultra vires to Articles 14,16,19 and 21 of the Constitution of India and the alternate prayer of interpretation of Rule 14(5) of the Rules' 2005 to hold and declare that the period of probation mentioned in Rule 14(5) does not include extended period of probation. It was prayed that an interpretation is to be made to the "delay' mentioned in Rule 14(5) of the Rules' 2005 so as to declare it to be reasonable, justifiable and bona fide.

(3.) The petitioner has also prayed a relief of mandamus holding and declaring that the petitioner is deemed to be confirmed in service with effect from 5/9/2015 or 5/9/2017. It is prayed that a declaration in the nature of mandamus be made in the alternate, that the petitioner cannot be treated as a deemed probationer while deciding to discharge the petitioner from service and further that the petitioner is entitled to be reinstated in service with all consequential benefits including continuity of service, seniority, promotion, full backwages with interest at the prevailing bank rate.

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MAYURI HIMMATLAL PANCHAL Vs. HIGH COURT OF GUJARAT

Referred Judgements :-

JUDGEMENT

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