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DISTRICT PRIMARY EDUCATION OFFICER Versus GEETABEN RATILAL PATEL

2008 (12) TMI 788 - GUJARAT HIGH COURT

SPECIAL CIVIL APPLICATION No. 27730 of 2007 - Dated:- 10-12-2008 - KS JHAVERI For the Petitioner(s) : MS SEJAL K MANDAVIA For the Respondent(s): MR RC JANI 10-12-2008 ORAL ORDER 1. By way of this petition, the petitioner has challenged the order dated 13.08.2006 passed by the Commissioner of disabled persons in case No.253/2007. 2. The respondent was appointed as primary teacher in Vagra Boys Primary School Taluka Vagra from 30.7.1990. Thereafter she remained absent frequently for about 1360 day .....

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ine and Appeal ) Rules, 1997 on 15th April 2004. 4. The respondent kept quiet till the year 2007 and thereafter filed Case No. 253/2007 before the Court of Commissioner of disabled persons contending that she was suffering from mental disease and she should be reinstated in service and she should be given all the benefits under section 47(1) of the Act. 5. The commissioner allowed the application and directed the petitioner to give posting to respondent within seven days from the date of receipt .....

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out admitting that he has jurisdiction to entertain the application, then also there was gross delay of more than three years from the date of termination and therefore the application should not have been entertained. 8. Learned Advocate submitted that the petitioner never bothered to reply to the show-cause notice nor any communication. She further submitted that admittedly when the application was moved she was not in service. She therefore submitted that the impugned order requires to be qua .....

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oner has rightly passed the order. 10.As a result of hearing and perusal of the record, certain aspects are not disputed. The respondent was appointed with effect from 30.7.1990. From 26.9.1990 to 24.4.2004 she remained absent from duty. A show-cause notice was issued on 31.12.1999 to which the respondent has not replied. 11.On 20.8.2002 a chargesheet has been issued to which also she has not replied. The respondent was asked to produce certificate of Civil Surgeon, which was also not produced b .....

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blishment 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 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 attain the age of superannuation, wh .....

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nse with, or reduce in rank, an employee who acquires a disability during his service. 14. In the present case, the respondent has remained on long leave and she has not responded to any of the communications by the petitioner. Her services were terminated in the year 2004 on the ground of absenteeism. Though the respondent was asked to produce certificate she has failed to comply with the same. 15. In short, after 2004 she was not in service and therefore, the respondent cannot rely upon the pr .....

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