STATE OF RAJASTHAN THROUGH SECRETARY, DEPARTMENT OF MEDICAL & HEALTH, GOVT. SECRETARIAT, JAIPUR Vs. SMT. CHHOTI DEVI W/O GHANSHYAM, BAPU BAZAR SABJI MANDI, JAIPUR

JUDGEMENT

(1.) The present writ petition has been filed by the employer-State challenging the order dated 20th May, 1996, passed by the Rajasthan Civil Services Appellate Tribunal. The Tribunal by the said order has allowed appeal of the respondent giving direction of regularizing her services of Class-IV Post.

(2.) Brief facts of the case are that the respondent No. 1 (Smt. Chhoti Devi) was appointed on daily wages basis in January, 1988 as Peon/Sweeper in Mahila Chikitsalya, Sanganeri Gate, Jaipur. The respondent after putting more than 10 years of service, filed appeal No. 209/1997 before the Rajasthan Services Appellate Tribunal. The Tribunal vide order dated 20th May, 1999 after hearing both the parties, allowed the appeal of the respondent, on the basis of the judgment passed in S.B. Civil Writ Petition No. 1469/1996 (Smt. Naurati Devi and Ors. v. State of Rajasthan) dated 26th September, 1996 . The operative portion of the order of the Tribunal is reproduced as hereunder:- ...[VERNACULAR TEXT OMITTED]...

(3.) The Tribunal while passing the order had also considered objection raised by the petitioner-State/Employer that since respondent did have the minimum educational qualification of 5th pass as such she was entitled to be regularized in service.