SAROJ BHARDWAJ (SMT.) Vs. STATE AND ORS.

JUDGEMENT

(1.) IN this petition, petitioner has prayed for quashing charge sheet dt. 24.07.2006 (Annex.5) with all consequential benefits.

(2.) THE case of petitioner is that she was selected and appointed as Physical Teacher on 17.12.1977 and presently she is working satisfactorily at Government Karnani Girls Secondary School, Gangashahar, Bikaner. As per petitioner when she was posted at Government Secondary School, Sri Doongargarh she proceeded on leave on medical ground due to her mental disease for which an application was moved along with the medical sickness certificate. In para No. 4 of the writ petition, it is stated by the petitioner that the then District Education Officer (Girls) Bikaner vide her letter dt. 12.07.1991 directed the petitioner to join her duties with immediate effect and in pursuance of said direction she joined the duties on 15.07.1991 in the office of District Education Officer (Girls) Bikaner. On joining the duties, she was given posting order, whereby, she was posted at Government Girls Secondary School, Loonkaransar vide order dt. 25.07.1991. According to petitioner she is working with Education Department since then without an interruption.

(3.) THE case of petitioner is that she is repeatedly demanding the above benefits and for the same she made several representations but no heed has been given by the respondents, therefore, she filed an appeal before the Rajasthan Civil Service Appellate Tribunal and her appeal was registered as Appeal No. 352/2000. The said appeal was dismissed on the ground of maintainability by the Full Bench of Tribunal vide order dt. 04.12.2003 and it was held that as per Sections 4 and 9 of the Rajasthan Civil Services Appellate Tribunal Act, 1976 without any order in writing, no appeal lies.