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2022 Supreme(Guj) 60

BIREN VAISHNAV
Dharamshibhai Bachubhai Koli – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Nimit Y. Shukla, Advocate
For the Respondent: Kurven Desai, AGP.

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 counse

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