Heard Mr. Singh, learned advocate for the petitioner, and Mr. Clerk, learned advocate for the respondent No.2.
2. It emerges from the facts stated in the petition and annexures to the petition as well as reply affidavit filed by the respondent Corporation and from the submissions by learned counsel for the contesting parties that in earlier group of petitions, an order dated 12.5.2008 was passed by the Court which was carried in appeal by way of Letters Patent Appeals which came to be decided vide order dated 4/5.12.2008. Against the said decision in the Letters Patent Appeals, the dispute was carried before the Hon'ble Apex Court by way of Special Leave to Appeal, which came to be disposed of vide order dated 9.10.2009.
2.1 It also emerges from the record that after the said round of petitions and appeal, the dispute attained finality with the order passed by the Hon'ble Apex Court. Thereafter, the respondent Corporation issued appointment order in favour of present petitioner. By the said appointment order, the petitioner was directed to report for duty at Rajkot.
2.2 For reasons known to the petitioner, she did not report for duty at Rajkot. Instead, she insisted that she may be given appointment in Baroda Division.
2.3 Thus, the petitioner either for her own reasons or on the basis of advice received by her, made her own election and choice and did not report for duty at Rajkot in compliance of the appointment order.
3. Therefore, vide communication dated 11.6.2010 (page-108), the appointment was cancelled by the respondent Corporation. The relevant part of the said communication dated 11.6.2010, reads thus:-
"This is further to the appointment letter dated 29.12.2009 for the post of Assistant in Rajkot Division and the subsequent letter dated 21.4.2010 advising you to report to Manager (P&IR), Rajkot Division latest by 26th April, 2010 failing which your appointment will be treated as cancelled.
As considerable time has elapsed from the date of issuance of appointment letter and you failed to report to Manager (P&IR), Rajkot Division by the date stipulated in our letter dated 21.4.2010, the appointment for the post of Assistant in Rajkot Division offered to you vide letter dated 29.12.2009 stands cancelled."
4. It is abundantly clear from the aforesaid facts and circumstances that the aforesaid consequences ensued because of the conduct of the petitioner. Though she was offered appointment, she did not report at the place mentioned in the appointment order.
5. If at all the petitioner had any grievance so far as the place of posting is concerned, she could have made appropriate request to the competent authority after joining her service in response to the offer of appointment.
Learned advocate for the petitioner has submitted that though there was vacancy in Vadodara Division, the petitioner was deliberately not offered appointment in Vadodara Division and instead, she was offered posting at Rajkot Division. It is not only too late in time to raise such contention, but it is also not open to the petitioner to raise such contention when she, of her own choice, did not report for duty at Rajkot. She could have, as mentioned above, made appropriate request after joining her service in response to the appointment letter.
6. As against the said unsubstantiated allegation, the respondent Corporation has mentioned in the reply affidavit that at the relevant time, there was no vacancy in Vadodara Division.
Be that as it may, the fact remains that the petitioner of her own volition did not report for service at Rajkot and she decided to stay away from complying the directions to report at place of posting and only after the respondent Corporation issued communication dated 11.6.2010, the petitioner preferred present petition challenging the said decision of the respondent Corporation.
7. At this stage, learned advocate for the petitioner has submitted that the petitioner intends and wants to make appropriate representation to the respondent corporation with a request to reconsider offer of appointment in favour of the petitioner and to allow her to join her services, after giving appointment at any suitable place.
8. If the petitioner wants to make such request / representation, it will be open to the petitioner to make such request / representation. If such request / representation is made by the petitioner, the respondent Corporation will consider the same in accordance with law and applicable rules and policy and take necessary decision and communicate the same to the petitioner.
With the aforesaid observations and direction, present petition stands disposed of.
(K.M.Thaker, J.) kdc Top