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2022 Supreme(Guj) 713

Arvind Saburbhai Baria – Appellant
Versus
Principal Secretary, Panchayat, Rural Housing And Rural Development Department – Respondent


Advocates appeared:
A.S.Asthavadi, Utkarsh Sharma, H.S.Munshaw, Advocates

JUDGMENT :

(1.) Rule returnable forthwith. Mr. Utkarsh Sharma, learned Assistant Government Pleader waives service of notice of Rule for the respondent - State while Mr. Munshaw, learned counsel waives service of notice of Rule for the respondent No.3.

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

(3.) By way of this petition, under Article 226 of the Constitution of India, the petitioner, who was working as an Assistant Programme Officer under the Taluka Panchayat, Godhra has been terminated from services by an order dated 05.07.2021. The petitioner was appointed as APO by an order dated 21.12.2015 for a period of 11 months on fixed pay basis. His appointment was subsequently extended in the year 2018 by an order dated 04.01.2018. The petitioner has been continued in service. By the impugned order, the services of the petitioner have been terminated on the ground of unsatisfactory performance.

(4.) Mr. Asthavadi, learned counsel for the petitioner would rely on a decision in the case of State of Gujarat v. Chetan Rajgor rendered in LPA No.1596 of 2019 and LPA No.841 of 2019 and submit that the order is stig

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