MANJU MENARIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS special appeal is directed against the order of the learned Single dated 30. 07. 2002, whereby, the appellant has been denied back-wages and continued in service irrespective of the fact that the order of termination is found to be illegal.

(2.) THE necessary facts giving rise to the instant special appeal are that the appellant has to her credit the degree of B. A. and B. Ed. In the year 1996, on her being selected, she was given appointment on the post of Primary School Teacher Grade III by order dated 21. 12. 1996. On being examined, she was declared medically fit by Incharge Medical Officer, Nimbahera, vide certificate dated 31. 12. 1996. As per the order of Vikas Adhikari, Panchayat Samiti, Nimbahera, she joined her duties at Primary School, Sangaria on 1. 1. 1997, Curiously the Vikas Adhikari, Panchayat Samiti, Nimbahera, at the relevant time, observed that the appellant was carrying pregnancy, as such, he issued a notice dated 12. 2. 1997 stating therein that as per the medical certificate, the physical deficiency was shown as NIL, but it was felt that she was carrying pregnancy. Thus, she was called upon to show cause as to why proper proceedings be not initiated against her for obtaining appointment by fraud. She was given an opportunity to submit a fresh medical certificate of a Female Medical Officer within a period of three days. In compliance of the aforesaid direction, a medical certificate dated 13. 2. 1997 (Annexure P/6) was submitted by the appellant. THE certificate issued by the Gynecologist reads as under:- " It is certify that Manju Menariya having pregnancy, according to her statement her LMP is 17. 8. 96 and expected date of delivery will be 24. 5. 97. At present according to examination she is pregnant and size of uterus is 24 Vol. i. e. 6 months pregnancy otherwise she is normal and fit to do her duties. "

(3.) THE Hon'ble Apex Court in AIR India vs. Nergesh Meerza & Ors. (1981 (4) SCC 335), dealing with the pregnancy as a disability, observed as follows:- " Pregnancy also is not a disability but one of the natural consequences of marriage and is an immutable characteristic of married life. "