KAVITA MEGHANI Vs. STATE OF RAJ. AND ORS.

JUDGEMENT

(1.) The petitioner is aggrieved of the order dated 16th June, 2009, terminating her services, invoking Rule 86 of Rajasthan Service Rules, 1951 (hereinafter referred to as 'Rules of 1951', for short), for her willful absence, and therefore, has approached this Court praying for the following relief(s): -

(2.) Briefly, the indispensable skeletal material facts necessary for appreciation of the controversy raised are that the petitioner successfully participated in the recruitment process for the post of Lecturer (Sociology). On being accorded appointment vide order dated 24th September, 2003, she joined her service on 9th October, 2003. It is pleaded case of the petitioner that on 17th November, 2003, she got married with Shri Heera Bindrani, resident of Jaipur. On 2nd January, 2007, she availed of Maternity Leave and on 7th March, 2007, she reported for duty along with her medical certificate. Further, in response to communication dated 9th July, 2007 and 13th November, 2007, as well as notice published in the newspaper on 5th March, 2008, she did report for duty on 23rd December, 2008. However, vide impugned order dated 16th June, 2009, her services have been terminated invoking Rule 86 of the Rules of 1951.

(3.) Learned counsel for the petitioner Mr. Akhil Simlote, reiterating the pleaded facts and grounds of the writ application asserted that the petitioner did report for duty on 23rd December, 2008, as would be evident from Annexure -7, which bears signature of the Principal, Government Girls Senior Secondary School, Talwandi, Kota. It is further contended that owing to her family problems, the petitioner also requested the school administration, for a symphathetic consideration, to shift her from Kota to Jaipur, but her request was not acceded to.