Termination of service based solely on lack of qualifications after long-term employment is arbitrary; practical experience outweighs initial educational requirements.

ORDER :

Pleadings are complete. Parties agreed to argue the matter finally, therefore, it is finally heard.

2. By the instant petition filed under Article 226 of the Constitution of India, the petitioner is challenging the orders dated 05.01.2021 (Annexure-P/1) and 23.05.2022 (Annexure-P/2).

3. By order dated 05.01.2021 (Annexure-P/1), services of the petitioner have been terminated with immediate effect on the basis of enquiry report submitted by the Enquiry Officer in a disciplinary proceeding initiated against the petitioner and vide order dated 23.05.2022 (Annexure-P/2), the Appellate Authority has dismissed the appeal preferred by the petitioner affirming the order passed by the Disciplinary Authority.

4. After hearing the rival submissions put forth by counsel for the parties and on perusal of record, it is apposite to take note of certain facts before giving any opinion about the correctness of impugned orders, which are;

(4.1) The petitioner was initially appointed on the post of Bioler Attendant/Driver on collectorate rate somewhere in the year 1997 against the vacant post of Driver and granted wages @ Rs.1655/-. Thereafter, vide order dated 02.01.1998 (Annexure-P/4), the services of the petitioner as a Driver were regularized in the department on a pay scale of Rs.950-20-1150-25-1400 equal to the pay scale of Boiler Attendant.

(4.2) The petitioner was issued a show cause notice on 15.07.2020 (Annexure-P/5) for initiating a departmental enquiry against him and was asked to submit his explanation and thereafter enquiry was conducted so as to test the appointment of the petitioner on the post of Driver and thereafter, enquiry report was submitted.

(4.3) As per the enquiry report and the opinion given by the Enquiry Officer, the petitioner, at the time of appointment on the post of Driver, did not have requisite educational qualification as per the circular dated 07.10.1994 issued by the General Administration Department and as such, looking to the long service tenure of the petitioner, it was opined by the Enquiry Officer that a sympathetic decision may be taken in the matter.

(4.4) Subsequently, the Disciplinary Authority vide its order dated 05.01.2021 (Annexure-P/1) has dismissed the petitioner from service.

(4.5) The Appellate Authority in its order after discussing the facts of the case in a very elaborate manner has observed that the petitioner was initially appointed on the post of Boiler Attendant as per the-then requisite qualification i.e. 5^th class pass and, therefore, against the vacant post of Driver, he was given a regular pay scale of Rs.950-1400. However, it has also been observed that though the petitioner was given appointment on the post of Driver but at the relevant point of time, he did not have requisite qualification of the said post. The only reason for inflicting major penalty upon the petitioner is that he did not have requisite qualification of the post of Driver i.e. 8^th class pass certificate. Ultimately, the Appellate Authority vide order dated 23.05.2022 (Annexure- P/2) dismissed the appeal preferred by the petitioner affirming the order passed by the Disciplinary Authority on 05.01.2021 (Annexure-P/1).

5. The respondents have submitted their reply taking stand therein that at the relevant point of time, the circular dated 07.10.1994 (Annexure-R/1) prescribing the requisite qualification for the post of Driver was in force, which reads as under:-

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