CHHOTABHAI HIRABHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.D.M.Devnani, learned Assistant Government Pleader waives service of notice of Rule for respondents Nos.1 and 3. Mr.Hemang M. Shah, learned advocate waives service of notice of Rule for respondent No.2.

(2.) This petition under Article226 of the Constitution of India has been preferred, interalia, challenging the Show Cause Notice dated 16.05.2014, whereby the petitioner has been asked to show cause why he should not be reverted, as he has not passed the Certified Computer Course (CCC) Examination upon completing fifty five years of service.

(3.) Briefly stated, the facts of the case are that the petitioner is presently working as Office Superintendent at the Labour Court, Bharuch. He was first appointed as Junior Clerk on 08.05.1984 and later promoted as Senior Clerk on 04.09.1987. The petitioner was further promoted as a Clerk of the Court on 14.09.1989. On promotion to the post of Office Superintendent on 15.03.2012, the petitioner was granted higher payscale from 06.01.1999, which was subject to the passing of the CCC Examination. According to the petitioner, after the completion of his training period, he applied for appearance in the CCC Examination by paying fees of Rs.150/, but no examination was conducted in the next two years. This aspect was brought to the notice of Industrial Training Centre, Uttarsanda, indicating that the passing of the said examination was required as per the condition of his employment. The petitioner was informed that as and when the examination would be conducted, he would be informed. The petitioner later applied to appear in the examination from the Bharuch centre. He did appear in the said examination on 31.08.2013. However, the petitioner failed in the practical part of the examination. The petitioner requested respondent No.2 to provide him a second chance to pass the examination, but no reply has been received to his request. In the above background, the petitioner received the impugned Show Cause Notice dated 16.05.2014, which is the subject matter of challenge in the present petition.