The appellant challenged the order of termination before the High Court of Gujarat and the High Court by its judgment dated 20.2.2009, directed the Government to give one additional chance to the appellant to appear in the examination.
The present appeal, by special leave, is directed against the aforesaid judgment dated 20th February, 2009 of the High Court.
The High Court also directed that the services of the appellant shall be regularised on the post of Junior Clerk if he clears the examination in said additional chance.
The appellant herein was appointed on companypassionate grounds as a Junior Clerk on 25.5.1998 as the father of the appellant died on 11.3.1996 while he was in service.
Since the appellant failed to clear the examination for recruitment to the Class III post, his services were terminated on 20.11.2004.
However, even in the additional chance given to the appellant, he was unable to pass the examination.
Although the appellant has been in service since 25.5.1998, he did number appear in the said examination held for recruitment to the Class III post till 2003.
We have heard the learned companynsel for the parties and perused the judgment passed by the High Court.
Thereafter, the appellant appeared in the said examination on three occasions and on all the three occasions, he was unable to clear the examination.
Leave granted.
