KOKILABEN HARSHADRAI PANCHOLI Vs. DEVELOPMENT COMMISSIONER

JUDGEMENT

(1.) The petitioner, having apprehension of termination of her service as junior clerk in the office of the District Panchayat, Surendranagar, filed this special civil application on 16-5-1994. This special civil application has come up for admission before the court on 17-5-1994. The petition was admitted and ad interim relief restraining the respondents from implementing the order of termination was granted.

(2.) The facts of the case in brief are that the husband of the petitioner who was working as Supervisor in Public Works Department of the District Panchayat, Surendranagar, had expired on 29th June, 1978 while he was in service. He left behind him the petitioner, his widow, and four daughters and a son. Having put in such a precarious condition the petitioner had no option except to go for compassionate appointment so that she may earn to bring up her five children by providing them bare necessities of life. Admittedly the petitioner was given appointment as junior clerk on compassionate ground on 4-1-1980. One of the conditions of appointment was that the petitioner has to clear pre-service training examination within the stipulated chances. It is also not in dispute that the petitioner has availed of five chance of appearing in the pre-service training examination but she failed in all. Consequent upon her failure in the last chance, her services came to be terminated. Hence she filed this petition as aforesaid for the relief of restraining the respondents from terminating her services.

(3.) Reply to the special civil application has been filed and defence has been taken therein which has to be briefly stated as under: