RAJKUMARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard.

(2.) This appeal is directed against the order dtd. 19/8/2019 passed by the learned Single Judge only to the extent the learned Single Judge has not granted back wages from the date of termination till the date of reinstatement. Relying upon the Hon'ble Supreme Court decision in the case of Deepali Gundu Surwase Vs. Kranti Junior Adhyapak Mahavidyalya (D.ED.) and Ors. : (2013) 10 Supreme Court Cases 324, learned counsel for the appellant would submit that once the order of termination/dismissal is illegal entitling reinstatement, grant of back wages is a normal rule and the Court may be required to consider this aspect upon taking into consideration various relevant factors as stated in para 38 of the decision of the Hon'ble Supreme Court in the case of Deepali Gundu Surwase Vs. Kranti Junior Adhyapak Mahavidyalya (D.ED.) and Ors. He would submit that the appellant is a low paid employee and belonging to Scheduled Caste. Termination from service was founded on an allegation of misconduct and the learned Single Judge recorded a finding that the date on which appellant solemnized second marriage, specific provision of misconduct was not incorporated in the rule. The rule specifying second marriage as a misconduct was incorporated after the date of solemnization of marriage.

(3.) Therefore, present is not a case where the reinstatement was ordered considering the order of punishment as disproportionate or on the ground of violation of principles of natural justice but on the ground that no charge-sheet could be issued to the appellant. Learned counsel for the appellant would further submit that the appellant's conduct in engaging second marriage was based on prevalent form of dissolution of marriage with the first husband and therefore, it cannot be said that the appellant's conduct was such which amounted to misconduct. Therefore, it is prayed that back wages for the period, during which the appellant remained out of service, be awarded.