Raipur, Jan 06: A single judge bench of the Chhattisgarh High Court comprising of Justice Rakesh Mohan Pandey held that a review cannot be used to reargue the case or introduce new arguments without an apparent error or new evidence. Therefore, the employee, who was illegally terminated, was allowed to continue her service.
The employee was appointed on probation for a period of two years on 03.07.2017. But she was removed her from the post of Auxiliary Nurse Midwife (ANM) on 05.06.2018 before the expiry of the probation period. She was removed on the ground that there were only 14 posts, and 27 additional candidates were appointed.
The State Government did not conduct any inquiry before passing the termination order of the employee as she was not regular employees of the State Government, therefore provisions of The Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 did not apply to her.
Aggrieved by the same, the employee filed the writ petition. The court allowed the writ petition and passed an order dated 28.11.2023 revoking her termination and ordered the state to reinstate employee back into the service.
Thereafter, aggrieved by the order, the state filed an instant review petition. It was submitted by the state that the following facts were not presented to the Court during the argument and disposal of the writ petition by the employee: Clause 4 of the appointment order provided that petitioner was appointed on probation for a period of two years and their services would be regularized only after completion of that period.
And Clause 9 stated that if any candidate is appointed on account of mistake, his/her service would be terminated in accordance with law. Further Clause 3 stated that employee's appointments were temporary in nature and services can be terminated by giving one month's prior notice or one month's salary.
On the other hand, it was submitted by the employee that according to Clause 5 of the appointment order, selected candidates will be governed by Chhattisgarh Civil Service (General Conditions of Service) Rules, 1961.
It was further contended that the proper appointment procedure was followed during employee's appointment i.e. advertisement was issued, then employee submitted her form, examination was conducted by VYAPAM, the result was declared, a merit list was prepared and then appointment order was issued.
It was submitted that though employee was on probation for a period of two years, she was appointed against sanctioned posts therefore, state was under obligation to conduct an inquiry before passing the termination order. Findings of the Court It was observed by the court that the employee was appointed to a vacant, sanctioned post following the appointment procedure. Her service was terminated without a hearing or inquiry.
If once a verdict is given, it should stand as final & the instant review petition was dismissed
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