JUDGMENT :

BIREN VAISHNAV, J.

1. Rule returnable forthwith. Mr. Kurven Desai, learned Assistant Government Pleader waives service of notice of Rule for respondents.

2. With the consent of the learned counsels for the respective parties, the petition is taken up for final hearing today.

3. Heard Mr. Nimit Shukla, learned counsel for the petitioner and Mr. Kurven Desai, learned AGP for the respondent-State through Video Conferencing. Perused the record.

4. The prayer in this petition is to quash and set aside the order dated 10.5.2019 passed by the respondents by which the services of the petitioner were terminated.

5. The facts in brief are that the petitioner was a regular employee appointed on 5.3.1984 as Beat Guard in the pay scale of Rs. 210-270. He passed his Rastrabhasha Examination in the year 2000. The petitioner's granted regular increments. By an order dated 19.6.2015, the petitioner was promoted as Forester. This post he continued to hold till 18.1.2016. On 10.5.2019, the services of the petitioner were terminated on the ground that the petitioner had not passed his examination in three chances in accordance with the Rules of the year 2008.

6. Mr. Nimit Y. Shukla, learned counsel for the petitioner has placed reliance on CAV Judgment of this Court dated 3.9.2020 in the case of Sureshsinh Chabiramsinh Yadav v. Secretary, Forest and Environment Department passed in SCA No. 10653 of 2019, wherein, this Court considered the issue of termination in context of a similar employee. This Court in that decision held as under:

5. Considering the submissions on hand made by the parties, it will be relevant to reproduce the Rules of 1969 pursuant to which the petitioner claims to have been appointed. The Relevant Rules are under:

Rule 6:

To be eligible for Appointment by direct selection to the post of the Guards in the lower subordinate Forest Service, candidate must:

(a) be not less than 18 years of age and not more than 25 years of Age.

(b) Have passed the Gujarati IVth standard;

(c) POSSESS THE FOLLOWING MINIMUM STANDARD OF PHYSIQUE:

(I) Height 5'4" or 1.6256 metres of 183 cms.

(II) Chest: NORMAL 31" or 0.7874 metres or 79 c.m.s. EXPANDED 33" or 0.8382 metres or 84 c.m.s.).

(D) FOR ADIV AS I CANDIDATES:

(I) Height: 5.1" or 1.5494 metres or 155 cms

(II) Chest: NORMAL 30" or 0.7620 metres or 76 cms.

Expanded 32" or 0.8128 metres (81 Cms.)

MINIMUM EXPANSION 2" or Cms.

Rule 8:

After passing out of the medical examination the selected candidates shall be required to undergo practical training in the field for a period of two months. Thereafter, they shall be sent in the Guards Training Class for Training of through grounding in the theoretical and practical aspects of forestry."

6. Similarly since the order of termination is based on the Guard's (Training and Examination) Rules, 2008 as provided vide G.R. No. GUN/2008/70(RCT)/1003/1604/D-2 dated 24.12.2008, the relevant Rules are reproduced as under:

"Rule 1(2):

They shall apply to the candidates selected for appointment to the post of Guards, Class III under the Guards, Class III (in the Gujarat Subordinate Forest Service in the Forest Department) Recruitment Rules, 2004.

2(D): "Post training examination" means the examination held after the training is over for candidates selected as Guards as per appendix -A;

Rule 3: Every candidate selected for appointment to the post of Guard shall require to undergo PRE-SERVICE TRAINING for a period of six months (theoretical and practical) at the Forestry Training School, Kakrapar.

Rule 4: On successful completion of the training, the candidate shall require to appear at the post training examination and shall require to pass the same in not more than three chances.

Rule 6: If a direct recruit fails to pass the examination as required under these Rules, his service shall be terminated.

Rule 7(1): It prescribes the syllabus for training in Appendix A which contains 9 subject + discipline, conduct excursion and tours and sports and physical training + viva voice."

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