MANJULATA SHUKLA Vs. STATE

JUDGEMENT

(1.) THIS writ petition seeks to challenge the order dated 30.12.99 whereby the services of the petitioner were terminated.

(2.) THE petitioner was appointment on the post of Teacher, Government Primary School, Village Unthra, Panchayat Samiti Srinagar, Distt. Ajmer on 29.3.1996. The petitioner joined his duties on 15.5.1996 and then proceeded for summer vacation from 16.5.1996 to 30.6.1996. She reported back on duty on 1.7.1996 and continued to work till 6.7.1996. According to the petitioner, she thereafter became ill and was under the treatment of doctors at Ajmer. Prescriptions of her treatment relating to the year 1996 and 1997 have been placed on record. The respondents issued a notice to the petitioner on 24.8.1996 requiring her to attend the duty positively by 31.8.1996 or else her service would be terminated. The petitioner did not join and thereafter the respondents issued a notice in daily newspaper Dainak Navjyoti on 31.1.1999, giving her last chance to appear on duty within seven days, otherwise it would be presumed that she was not willing to serve and ex -parte proceedings would be initiated against her.

(3.) PER contra, Shri Shiv Lal Meena, learned Deputy Government Counsel opposed the writ petition and submitted that ever since the petitioner stopped attending the duties from 7.7.1996, she never attended the duties. In spite of the fact that notice was served on her on 24.8.1996, the petitioner did not respond. Still thereafter the petitioner did not appear to report on duties for more than two years. In these circumstances, the respondents published a notice in the newspaper on 29.1.1999. It is only thereafter that petitioner submitted an application for grant of leave for one month. The respondents have proceeded against the petitioner under Rule 86 of the Rajasthan Service Rules and also under Rule 16 of the Rajasthan Civil Services (CCA) Rules.