NEMLIBEN S.PATEL Vs. STATE OF GUJRAT

JUDGEMENT

(1.) Heard learned advocate Mr. M. A. Kharadi for the petitioner and learned Assistant Government Pleader Mr. Robin Mogera for the respondent State.

(2.) What the petitioner has prayed in the present petition is to grant her pensionary benefit and to pay the gratuity, as well as other consequential service benefits.

(3.) The total service period of the petitioner was divided into two segments. On 22.12.1986, the petitioner was selected as Mukhya Sevika and came to be appointed under the District Panchayat, Panchmahals at Godhra. She worked in Integrated Child Development Scheme (I.C.D.S.) Branch of Taluka Panchayat, Dahod upto 21.03.1996. She was thereafter relieved to join and serve under Director of Agriculture as Trainee Officer (Female) Class II. There, she worked upto 20.11.2009 until on that day, the office order passed terminating her services. The termination of her services was duty to her non-passing of pre-service training examination. As a service condition and under Rules 4 and 5 of the Government Gazetted Officers (Pre-service Training and Examination) Rules, 1970, such examination was required to be passed within four attempts, which the petitioner could not, even after attempting for six times, including an additional attempt allowed as per order of this Court passed. Passing of the examination was a stipulation in the appointment order itself.