AMBIKA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this writ petition under Article 226 of the Constitution of India, petitioner Smt. Ambika Devi has challenged the legality and correctness of the order of the Rajasthan Civil Services Appellate Tribunal, Rajasthan (for short 'the Tribunal') dated February 18, 1986.

(2.) THE averments in the writ petition are that the petitioner was serving as a Teacher at Gadra City in Tharparkar, District Sindh in erstwhile Province of Sindh. Because of partition she had to migrate to India and being a displaced person was registered as a refugee. She got the job of a Teacher in Jai Hind Sindhi Middle School, Gopalji -ka -Rasta, Jaipur, where she served from November 1,1951 to August 15, 1953. Thereafter vide order dated August 13, 1953 passed by the Deputy Inspector of School, she was appointed as a Teacher in the Government School, Barmer. On being relieved on August 15, 1953 from the Jai Hindi Sindhi Middle School, she went to Barmer and was directed to produce the medical certificate which she obtained on 16th, 17th being Sunday she joined on August 18, 1953.

(3.) AGAINST the orders No. Shivira/Estt/F.3/13749(17)83/14 dated 3 -1 -1984 (Ex. 7) and No. Shivira/Estt/F.3/13749(17)/83/25 dated 6 -2 -1984 (Ex. 8) by which the petitioner's claim for extension of service period from 55 to 58 years was turned down as unacceptable, the petitioner filed an appeal before the Tribunal. The Tribunal by the order dated February 18, 1986 (Annexure 1) dismissed the appeal on two grounds. Firstly, that it was barred by time and secondly, the case of the petitioner was not covered by the relevant Circular.