SMT. USA KIRAN SEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been preferred with the following prayers:

(2.) Brief facts of this case, as noticed by this Court, are that the petitioner was appointed as Nurse Grade-II under the Scheme of NRHM vide order dated 06.10.2008 on contract basis and was continued in service upto 28.02.2013. The respondent-Department issued an advertisement for recruitment of Nurse Grade II in the year 2013, and after culmination of the said recruitment process, upon due selection, the petitioner was given appointment on 10.02.2016, which was a regular appointment.

(3.) Although the petitioner was minor, the petitioner solemnized marriage with one Shri Raju Ram Sen on 11.12.2005. However, the marriage could succeed, and therefore, she had filed an application for divorce under section 13 of Hindu Marriage Act before the competent court and the same was granted in favour of the petitioner on 05.03.2013. After the divorce decree was granted on 05.03.2013, the petitioner solemnized marriage with one Shri Bhanwar Lal Gadhwal and the said marriage was duly registered with the competent authority. The Ex-husband of the petitioner concealing the fact of divorce filed a criminal complaint for offence under Section 494, 109 and 120-B of IPC for which cognizance was taken against the petitioner and the trial proceeded. The order of appointment was however, quashed by the respondents invoking Clause 2(ii) of the circular dated 15.07.2016. The relevant portion of the dismissal order dated 22.09.2016 reads as follows:-