MAHESHBHAI TEJABHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal, filed under Clause 15 of the Letters Patent, 1865 is directed against the order dtd. 30/9/2019 passed in Special Civil Applicant No.5748 of 2018, wherein and whereby, the learned Single Judge has dismissed the writ petition of the appellant (original petitioner) assailing his termination. During the pendency of the Letters Patent Appeal, the appellant has passed away on 6/9/2022 and he is represented by his wife - Rekhaben wd/o. Maheshbhai Desai.

(2.) As the facts unravel, the husband of the petitioner was appointed under the respondent-University as a driver on 1/8/2014 on contractual appointment on a fixed salary of Rs.9,000.00 per month and after rendering almost 3 years of service, vide Office Order dtd. 16/2/2018, he has been terminated with immediate effect by resorting to Condition No.3 of the appointment order. He assailed his termination in the captioned writ petition, however, the learned single judge has not held in his favor and, hence, the present appeal.

(3.) Learned Advocate Mr.Vyas, at the outset, has submitted that the respondent-University has terminated the petitioner from service only for the reason that he was suffering some neurological ailment and no misconduct or any complaint alleged against the functioning / service rendered by the petitioner as a driver. He has referred to the averments made in the affidavit filed by the respondent authorities and has contended that in fact, the petitioner was sent to the Medical Board Examination, and in the opinion dtd. 10/1/2018, it was recorded that he was not suffering from any neurological deficit and he was considered fit for a driver 's job. Thus, it is contended by learned advocate, Mr.Vyas that the petitioner could have been accommodated in an alternative job, however, the respondent resorted in terminating his services. It is urged that since the petitioner has passed away and his case is represented by his wife, who is the legal heir of the deceased petitioner, a suitable compensation may be paid to her looking to the salary, which was being paid to her husband i.e. the deceased petitioner i.e., Rs.9,000.00 per month and the years of service, which he has rendered as a driver.