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Journalism of Courage
AHMEDABAD, July 20: In a judgment of far-reaching consequences, Justice Kundan Singh of Gujarat High Court has held that if a person, appointed to government service on compassionate ground, fails to pass pre-service examination, service of such an appointee cannot be terminated, and he or she cannot be prevented from higher pay-scale, promotion or increment.
The judgment was pronounced in a petition filed by one Mina M Masale, who was appointed junior clerk on compassionate ground by assistant chief police officer in January, 1991. But the petitioner8217;s service was terminated on October 28, 1993, as she could not pass pre-service departmental examination within the specified three chances. The court directed the state government to reinstate Masale, but rejected plea that she be given back wages and other allowances.
In absence of any clause for termination of appointees on the ground that the appointee could not pass the pre-service departmental examination, the petitioner was entitled to be reinstated in service and the termination was illegal, it was submitted. It was further submitted that the very purpose of the policy to give job on compassionate ground is defeated when widows who have got job under the scheme lose employment for failure to pass the pre-service departmental examination.
But assistant government pleader C C Bhalja submitted that the confidential letter dated December 16, 1991, of the additional chief secretary to the government officers cannot be relied upon by the petitioner8217;s counsel.
Besides, the counsel for the state government did not file any counter-affidavit in reply to the petition.
