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DISTRICT PRIMARY EDUCATION OFFICER Versus GEETABEN RATILAL PATEL

2008 (1) TMI 955 - GUJARAT HIGH COURT

SPECIAL CIVIL APPLICATION No. 27730 of 2007 - Dated:- 11-1-2008 - JAYANT PATEL For the Petitioner(s) : MS SEJAL K MANDAVIA For the Respondent(s) : MR RC JANI ORAL ORDER 1. Heard Ms.Mandavia, learned Counsel appearing for the petitioner and Mr.Jani, learned Counsel appearing for the respondent. 2. Upon hearing the learned Counsel for both the sides, it prima facie appears that the respondent was engaged as a teacher in the year 1990 and it is an admitted position that she continued in service up .....

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issal is not challenged by the respondent before the higher forum, however, she has approached the Commissioner for Physically Handicapped persons and ultimately, the Commissioner has passed the order, setting aside the dismissal and also interim directions. 3. Whether the Commissioner has no power to set aside the order of the dismissal or not deserves consideration, but at the same time, it also appears that it is on account of the mental disability, the respondent could not defend in the proc .....

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loyment.- (1) No establishment shall dispense with or reduce in rank, an employee who acquires a disability during his service; Provided that, if an employee, after acquiring disability is not suitable for the post he was holding could be shifted to some other post with the same pay scale and service benefits. Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of supe .....

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t in case of GSRTC v. Gopal Motambhai Patel , reported at 2003(3) GLH, 745. 4. Ms.Mandavia, learned Counsel appearing for the petitioner, however, submitted that it is not a case of dismissal from the service on account of the mental disability or reduction in rank and, therefore, if the dismissal has already taken place, it cannot be set aside by the Commissioner, which may result into consequential reinstatement in service with backwages and other directions. She also submitted that on account .....

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