JHELAM JOSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dtd. 28/2/2019 (Annex.4), whereby, exercising the power under Rule 23(2) and 23A read with Rule 86 of the Rajasthan Service Rules, 1951 ('the Rules, 1951'), the petitioner, who was working as Junior Assistant (Probationer Trainee), has been dismissed from service.

(2.) The petitioner was accorded appointment on the post of LDC after going through the selection process conducted by RPSC vide order dtd. 16/3/2018 and was directed to join her duty under Sub Registrar, Jhanwar, District Jodhpur.

(3.) As the petitioner had given birth to a baby boy on 1/3/2018, she applied for extension of joining time for six months but she was accorded extension for three months and she joined her duties on 21/5/2018. The petitioner, thereafter applied for maternity leave under Rule 103 of the Rules, 1951 and her application was forwarded on 23/5/2018. The petitioner also moved another application dtd. 12/6/2018 seeking leave without pay, however, no order was passed on the said applications. The petitioner received the impugned order dtd. 28/2/2019 (Annex.4), whereby, it was indicated that her applications were rejected on 24/10/2018 and as the petitioner remained absent from duty since 13/6/2018 without leave, the same was misconduct as per Clause 13 of her order of appointment dtd. 16/3/2018 and, therefore, the order impugned dismissing her from service was passed.