GURDEV KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Termination of the service of the petitioner brought about vide Annexure P-7 dated 31.10.1994 issued by the Senior Medical Officer, Dhuri, on the basis of the verbal order of the Civil Surgeon, Sangrur, is under challenge in this petition. Rejection of the prayer of the petitioner for reinstatement vide Annexure P-9 is also under challenge. The petitioner's prayer is for quashing of Annexures P-7 and P-9 and for her reinstatement and regularisation of service on the post of Water Carrier/Trained Dai in accordance with the Government policy contained in circular (Annexure P.6).

(2.) The petitioner, who possesses certificate of registration as a trained Dai issued by the Punjab Nurses Registration Council (Annexure P-1), was appointed as a Water Carrier at Women Hospital, Dhuri, with effect from 17.5.1971. Initially, her appointment was for six months but later on she was continued without any interrruption. She was paid wages fixed by the Deputy Commissioner. During the course of her employment, the petitioner discharged duties as a Dai as would appear from the documents (Annexures P-3 and P-4). On 4.4.1988, the petitioner made an application to the Civil Surgeon for being appointed as a trained Dai and her case was recommended by the Senior Medical Officer, Dhuri, but the respondents did not take any step for appointing the petitioner as trained Dai against the available vacant posts. After about 23 years and five months of service, respondent No. 5 issued the impugned letter (Annexure P-7) terminating the service of the petitioner in the garb of relieving her from duty. The representation made by the petitioner as well as the notice for demand for justice sent by her counsel failed to yield any favourable result as respondent No. 4 has rejected her claim for reinstatement vide Annexure P-9 dated 2.2.1995.

(3.) The petitioner has challenged the termination of her service on the ground of arbitrariness and violation of principles of natural justice. She has also raised a plea of mala fides by alleging that after the termination of her service, one Smt. Santosh Rani wife of Bittu, who is working as Jamadar in the Civil Hospital, Dhuri, has been appointed in her place.