Kamini Sharma vs State Of Chhattisgarh

Since common question of law and fact is involved in both of these writ petitions, they have been heard together and are being decided by this common order.

Petitioner herein was working on the post of Assistant Grade III at Nagar Panchayat, Rajim but the State Government vide order dated 24/09/2013 (Annexure P/1 in WPS/3349/2013) directed the Nagar Panchayat, Rajim to terminate the services of the petitioner as she has not passed the hindi typing examination which was required to hold the said post and accordingly, vide order dated 07/10/2013 (Annexure P/1 in WPS/3830/2013) her services have been terminated by Nagar Panchayat, Rajim. Both the aforesaid orders have been called in question by the petitioner by way of these writ petitions.

Mr. Awadh Tripathi, learned counsel for the petitioner, would submit that since petitioner has already crossed the age of 40 years,therefore, by virtue of Circular dated 15/11/1984 she was not required to pass the typing examination and even if she was required to pass the said examination, her increment could have been stopped but her services could not have been terminated by Nagar Panchayat, Rajim without giving her an opportunity of hearing. He would also submit that by letter dated 16/01/2012, Nagar Panchayat, Rajim has informed respondent No. 4 that petitioner has already crossed the age of 40 years and as per the Circular dated 15/11/1984, she is exempt from passing the typing examination, but it has not been considered and the State Government has directed for terminating the services of the petitioner, which is unsustainable and bad in law and further the impugned orders are in teeth of principles of natural justice, therefore, they deserve to be set aside.

Mr. Soumya Rai, learned State counsel, would support the impugned orders and submit that since petitioner has not passed the typing examination, therefore, she cannot be permitted to continue on the said post and her services have rightly been terminated.

I have heard learned counsel for the parties, considered their rival submissions made herein­ above and went through the records with utmost circumspection.

True it is that petitioner was working on the post of Assistant Grade III at Nagar Panchayat, Rajim and she was required to pass the hindi typing examination, but it is the case of the petitioner that Nagar Panchayat, Rajim itself has informed respondent No. 4 by letter dated 16/01/2012 that since petitioner has crossed the age of 40 years, therefore, she should be exempted from passing the typing examination as per the Circular dated 15/11/1984, but the State Government did not pay any heed to the said letter and directed Nagar Panchayat, Rajim by order dated 24/09/2013 (Annexure P/1 in WPS/3349/2013) to terminate the service of the petitioner and accordingly, Nagar Panchayat, Rajim, acting upon the direction of the State Government, terminated the petitioner by order dated 07/10/2013 (Annexure P/1 in WPS/3830/2013).

Since it is the case of Nagar Panchayat, Rajim itself which is apparent from letter dated 16/01/2012 that petitioner can be exempted from passing the hindi typing examination as per Circular dated 15/11/1984 issued by the State Government as she has crossed the age of 40 years, it was incumbent upon the respondents to consider her case for exemption from passing the typing examination but instead of that, the State Government directed Nagar Panchayat, Rajim to terminate the petitioner and accordingly, she has been terminated without affording her an opportunity of hearing, as such, the impugned orders are in violation of principles of natural justice.

In view of the aforesaid legal analysis, the order dated 24/09/2013 (Annexure P/1 in WPS/3349/2013) as well as order dated 07/10/2013 (Annexure P/1 in WPS/3830/2013) are hereby set aside. Matter is remitted to respondent No. 1/competent authority to consider the case of the petitioner for grant of exemption from passing the typing examination as per letter dated 16/01/2012 and Circular dated 15/11/1984 issued by the State Government and pass a fresh order in accordance with law after hearing the petitioner within 45 days from the date of receipt of a copy of this order. Petitioner is at liberty to make additional submission (if any).

Accordingly, these writ petitions are allowed to the extent indicated herein­above. No cost(s).