M.C. Jain, J. - (1.) THIS writ petition raises a question as to the construction of the order passed by this Court in a previous writ petition filed by the petitioner No. 41 of 1971 - Smt. Nirmala Gehlot v. Director of Primary & Secondary Education and Ors. decided on February 20, 1975. The order in that writ petition was passed in the following terms,: In the result, the writ petition is allowed. The orders passed by the Deputy Director (Female) Education Department, Jodhpur, dated May 15, 1970 (Ex.2) and May 27, 1970 (Ex.3) are quashed and the petitioner is also entitled to be reinstated on her post with effect from the date of the illegal termination of her services, i e. from May 15, 1970. The order for the petitioner's reinstatement with effect from May 15, 1970, has become necessary because the temporary services of the petitioner were extended by the order dated January 16, 1970 upto June 30, 1970 and she was entitled to continue on her post till such time. In the circumstances of the case, the petitioner is also entitled to her costs from the respondents.
(2.) I may briefly state some material facts giving rise to that writ petition and thereafter giving rise to the present writ petition. The petitioner was a trained graduate and was employed temporarily for a period of six months as a second grade trained teacher by the order of the Deputy Director (Female). Education Department, Jodhpur, dated July 19, 1968, and was posted as Headmistress of the Upper Primary Girls' School at Khejarla. The period of temporary employment of the petitioner was subsequently extended upto June 30, 1970, but before that date her service were terminated by an order dated May 15, 1970, passed by the Deputy Director (Female), Education Department, Jodhpur. A subsequent order was also passed on May 27, 1970, whereby the Deputy Director (Female) refused to allow the petitioner the requisite copies and further added that the services of the petitioner were terminated under Rule 23 -A of the Rajasthan Service Rules with effect from May 15, 1970. The petitioner challenged both the orders in the aforesaid writ petition. This Court found that the order of termination was not an order simpliciter, but it was an order by way of punishment and is violative of Article 311(2) of the Constitution and, therefore, both the orders were declared void and of to effect and consequently both the orders were quashed and the order extracted above was passed.
(3.) AFTER passing of the aforesaid order by this Court, the Deputy Director of Education (W) passed the following order on 5 -3 -1975 (Ex.4): In view of Rajasthan High Court judgment dated 20 -2 -75 in S.B. Civil Writ petition 541/1971 quashing this office order No. 10807 to 10 dated 15 -5 -70 Smt. Nirmala Gehlot Ex. Headmistress, Government Girls Upper Primary School, Samdari district Barmer is hereby re -instated with effect from 16 -5 -70. Her service will be deemed to have terminated automatically with effect from 1 -7 -1970 in terms of this office order No. 1221 to 1550 dated 16 -1 -70 under which the services of Smt. Nirmala Gehlot were extended up to 30 -6 -70 only in the grade of 160 -360. Sd. Dy. Director of Education (W) J.B. Range, Jodhpur.;