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‘Compulsory retirement without reason’ Notice to state after assistant prof moves HC

The petitioner was appointed assistant professor at MGLI in March 2016 and was “compulsorily retired” on January 5 this year.

By: Express News Service | Ahmedabad |
January 29, 2021 5:31:59 am
Ahmedabad Municipal Corporation, Shrey hospital, Gujarat High Court, Gujarat news, indian expressGujarat High Court. (File Photo)

The Gujarat High Court on Thursday issued notice to the state government in a petition moved by a professor challenging validity of specific clause in the service bylaws of Ahmedabad-based Mahatma Gandhi Labour Institute (MGLI) under which the petitioner was “compulsorily retired”, and sought quashing of the retirement order.

The petitioner was appointed assistant professor at MGLI in March 2016 and was “compulsorily retired” on January 5 this year. She has submitted before the court through her petition that in March 2020, the director General at MGLI who is also a senior bureaucrat in the Gujarat government, had called for an urgent meeting where the petitioner submits that the official “misbehaved with the petitioner in the meeting and the petitioner was humiliated in front of other staff members of the institute for no reason”.

Subsequently the assistant professor submitted a complaint before the Gujarat State Woman Commission after which the bureaucrat was called upon and he tendered an oral apology, which was also accepted by the petitioner.

She further submitted that after the easing of Covid-19 lockdown curbs, she was allegedly threatened by the officer that the latter would adversely affect her service record and he issued an order on January 5 this year, compulsorily retiring her without affording her with an opportunity of hearing, show cause notice or charge sheet.

The professor also added that the procedure laid down for issuing such orders was also not followed. She has sought that the order be quashed and set aside. Pending further hearing, the petitioner has also sought that the January 5 order be stayed from operation and execution.

The January 5 order had cited the clause 2 of part 8 of Gandhi Labour Institute (Service) byelaws which, the petition states, “gives unfettered power to compulsorily retire an employee without even recording any reason for the same and affording an opportunity of being heard to the concerned employee.” She has sought that the clause be struck down.

The notice issued by the court of Justice AG Uraizee is expected to be responded to by March 5.

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