The Rajasthan High Court observed that the rules of appointment do not provide any quota for a divorcee. As per the terms and conditions, if a person is divorced, just a certificate of divorce has to be produced.
The Respondent in the present case had produced her divorce decree at the time of joining, which was under appeal.
The Bench opined that the effect of the divorce decree is not negated by the mere filing of an appeal. Therefore, the appointment of the Respondent was not illegal.
Brief Facts:
The present appeal has been preferred against the order of the Single Judge vide which the writ petition was dismissed.
Brief Background:
Respondent No. 4 was the wife of the Appellant who was appointed as a Commercial Assistant. Her appointment was challenged by the Appellant on the ground that the Respondent got the appointment based on divorce which was not final yet as an appeal against the same was pending.
Observations of the Court:
It was noted that the rules of appointment do not provide any quota for a divorcee. As per the terms and conditions, if a person is divorced, a certificate of divorce has to be produced.
The Respondent in the present case had produced her divorce decree at the time of joining, which was under appeal.
The decision of the Court:
The Bench opined that the effect of the divorce decree is not negated by the mere filing of an appeal. Therefore, the appointment of the Respondent was not illegal.
Based on the above-mentioned reasons, the Rajasthan High Court dismissed the appeal.
Case Title: Sudhir Sharma v. The Chief Secretary, The State Government of Rajasthan & Ors.
Coram: Hon’ble the Chief Justice Mr. Pankaj Mithal, Hon’ble Mrs. Justice Shubha Mehta
Case No: D.B. Special Appeal Writ No. 821/2021
Advocate for Appellant: Adv. Mr. Hans Kumar Sharma
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