SMT. RANJANBALA PRABHASHANKAR JOSHI Vs. THE STATE OF GUJARAT AND ANOTHER

JUDGEMENT

(1.) The original plaintiff Smt. Rajanbala Prabhashanker Joshi was aggrieved by the judgment and decree passed by the learned District Judge, Rajkot, in Civil Appeal No. 31 of 1970, whereby the learned District Judge allowed the appeal filed by the original defendants, and dismissed the suit filed by the plaintiff. It may be mentioned that the learned Civil Judge, Senior Division, Rajkot in Civil Suit No. 570 of 1968 had accepted the case of the plaintiff and ordered that the impugned order dated Aug. 18, 1966 passed by the Charity Commissioner terminating the plaintiff's services is illegal, ultra vires, unconstitutional, null and void. The learned trial Judge also declared that the plaintiff is continued in service and that she is entitled to all the benefits of service, pay and allowances which she was drawing at the time of termination of service along with all increments etc. as admissible under the Rules governing the service. He also directed the defendants to pay to the plaintiffs a sum of Rs. 3,061-20 p. He also directed the defendants to pay to the plaintiff costs of the suit. As the suit was filed in forma pauperis he directed that the amount of court-fees should be recovered from the defendants.

(2.) A few relevant facts giving rise to the present appeal may be shortly stated.

(3.) It is the case of the plaintiff that she was serving as a temporary clerk in the office of the Deputy Charity Commissioner, Rajkot by the order dated June 19, 1965. Originally, the plaintiff was registered with the employment exchange, and thereafter, she was interviewed by the Collector and the Collector by his Memo No. 973 dated Dec. 16, 1964 had directed her to give oral as well as written tests and ultimately, she succeeded in those tests on Jan. 3,1965 and thereafter, her name was selected to be appointed on the divisional level. Thereafter the appointment order was issued in favour of the plaintiff. In course of her services, she had to proceed on leave because of her husband's sickness.