High CourtsSingle Bench(2020) 03 RAJ CK 0054

Jhelam Joshi vs State of Rajasthan, Through The Principal Secretary, Finance Department And Ors

Rajasthan High Court · Decided on 5 March 2020

HON’BLE JUDGES
Dinesh Mehta, J
CASE NUMBER
Civil Writ Petition No. 3210 Of 2020

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Judgment

13 paragraphs · 174 words

Dinesh Mehta, J

1.

Challenging the termination order dated 28.02.2019, Mr. M.R. Singhvi, learned Senior Counsel, submits that though petitioner had filed application(s)

for maternity leave/child care leave, no order either accepting or rejecting was passed by the respondents and suddenly vide impugned order, services

of the petitioner have been terminated.

2.

He argues that order impugned is not only contrary to facts and law but also against the Principles of Natural Justice.

3.

Responding to the Court's query, Mr. Singhvi invited Court's attention towards various documents, more particularly communication dated

06.01.2020, wherein it has been indicated that the purported communication dated 24.10.2018, rejecting petitioner's leave application, has not even

been sent to the petitioner.

4.

Matter requires consideration.

5.

Admit. Issue notice. Issue notice of stay application also, returnable within eight weeks.

6.

Meanwhile, effect and operation of the order dated 28.02.2019 shall remain stayed.

7.

In the facts of the present case, by way of mandatory injunction, it is ordered that the respondents shall permit the petitioner to join the duties

forthwith.