M.R.SHAH, J. - (1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 01.03.2019 passed by the High Court of Judicature for Rajasthan at Jodhpur in D.B. Special Appeal Writ No. 1045 of 2018, by which the Division Bench of the High Court has dismissed the said appeal and has confirmed the order dated 17.01.2017 passed by the learned Single Judge by which the learned Single Judge quashed and set aside the order of termination dated 16.12.1996 dismissing the late husband of the respondent from service, the State of Rajasthan and others have preferred the present appeal.
(2.) The facts leading to the present appeal in nutshell are as under:- 2.1 That the late husband of the respondent herein late Shri Rameshwar Lal was serving as Gram Sevak. He was suspended from service vide order dated 08.01.1996 on the ground of willful absence from duty and not completing the audit. The administrative committee of Panchayat Samiti Nokha in its meting dated 26.02.1996 took a decision to remove him from service. That thereafter a public notice was published in the daily news paper on 14.03.1996, whereby Rameshwar Lal was directed to join his duties within a period of 15 days with explanation. Even after completion of 15 days the said Rameshwar Lal did not join his duties. Thereafter the services of the said Rameshwar Lal - late husband of the respondent were terminated vide order dated 16.12.1996 invoking the provisions of Section 91 (3) of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as the Act 1994) and Rule 86 of Rajasthan Services Rules, 1951. It appears that the late husband of the respondent preferred an appeal against the order of termination issued under Section 91 (4) of the Act 1994 before the District Establishment Committee, Zila Parishad, Bikaner. During the pendency of the said appeal the employee - Rameshwar Lal passed away on 18.09.2009. That thereafter the respondent herein preferred a writ petition before the High Court being S.B. Civil Writ Petition No.11405 of 2011 challenging the dismissal/termination order dated 16.12.1996. By judgment and order dated 17.01.2017, the learned Single Judge allowed the said writ petition and quashed and set aside the order of termination dated 16.12.1996 and directed the appellants to give all consequential benefits to the respondent treating her husband to be superannuated on 16.12.1996. The judgment and order passed by the learned Single Judge has been confirmed by the Division Bench, by the impugned judgment and order. Hence the present appeal.
(3.) We have heard the learned counsel appearing on behalf of the respective parties at length.;