AR.LAKSHMANAN, C.J. - (1.) This writ-appeal is preferred by the widow of late Shri Hari Narain Kothari against dismissal of her Writ Petition No. 1440/2000 by order dated July 03, 2000. The appellant's husband died on November 10, 1986 while in Government service. He was working as L.D.C. in the Department of Industries. At the time of death of her husband, the appellant was having two minor sons. The appellant being a widow applied for appointment under the Rajasthan Recruitment of Dependents of Government Servants Dying While in Service Rules, 1975 (In short, to be called the Rules of 1975 hereinafter) on the post of Class IV after the death of her husband.
(2.) At the time of recruitment no objection certificate given by one Smt. Chanda Devi - the first wife of the deceased Government - servant was also submitted by the appellant before the Director, Industries who was the Appointing Authority (Annexure 1). The first wife Smt. Chanda Devi had received all the payments of her husband Hari Narain Kothari relating to State Insurance, Gratuity alongwith other pensionary benefits. Vide order dated May 21, 1987 the Director Industries appointed the appellant under the provisions of the Rules of 1975 as Class IV employee at the District-Industries Centre, Sawaimadhopur. Vide order dated June 04, 1987 the appellant was appointed to the same post at the District Industries Centre, Bundi, in place of District Industries Centre. Sawaimadhopur (Annexure 3). The appellant joined the service on June 06, 1987 and since then she is continuously working on the said post. She had also applied for and obtained a housing loan of Rs. 84,000/- from the HDFC Bundi and also obtained vehicle loan of Rs. 12,000.00 from the District Industries Centre, Bundi which is to be repaid in instalments.
(3.) The respondent No. 3 Director Industries Department, without issuing any show-cause notice or giving any opportunity of hearing, terminated the services of the appellant under Annexure 4. Being aggrieved, the appellant filed writ petition, contending : (a) that the order passed terminating her services is against the principles of natural justice; (b) the appellant being the widow of the deceased and having two minor sons was appointed after receiving the written consent from the other wife in view of the provisions of Rule 7 of the Rules of 1975 and, therefore, her services cannot be terminated after more than 13 years; (c) the appellant has not concealed the factum of the first marriage and children born to both the wives and she had also obtained the consent-certificate from the other wife which was submitted before the authorities alongwith her application for appointment; (d) the appellant was provided appointment under the Rules of 1975 by the authority competent to make such appointment; (e) the appellant has no other source of livelihood to prolong her life and maintain both the children, except the present job; (f) the third respondent has no authority to recall the order which is passed 13 years ago and the same cannot be questioned after the lapse of 13 years.;