Smt. Laxmi Sharma D/O Shri ... vs State Of Rajasthan ...
2023 Latest Caselaw 852 Raj/2

[2023/RJJP/000493]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                D.B. Special Appeal Writ No. 966/2022

Smt. Laxmi Sharma D/o Shri Murlidhar Sharma, Aged About 32
Years, Plot No. 90, Shiva Nagar-Iv, Macheda, Jaipur, Rajasthan.
                                                                   ----Appellant
                                    Versus
State Of Rajasthan, Through Director, Directorate Of Ayurved
Department, Ajmer, Rajasthan.
                                                                 ----Respondent

For Appellant(s)           :    Mr. Ravi Kumar Sharma
For Respondent(s)          :

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MRS. JUSTICE SHUBHA MEHTA

Order

25/01/2023

1. Heard learned counsel for the petitioner-appellant.

2. The petitioner-appellant has preferred this intra court appeal

against the judgment and order dated 28.06.2022 by which her

writ petition was dismissed.

3. The petitioner-appellant was appointed on the post of Nurse

but her services were terminated vide order dated 07.12.2021.

Hence, she preferred a writ petition challenging the termination

order. The learned single Judge has opined that the petitioner-

appellant has obtained appointment by wrongly categorizing

herself as a divorcee whereas the decree of divorce was passed by

the competent Court subsequently. The petitioner-appellant was

not a divorcee on the date of submission of application form dated

28.10.2018. She has obtained a decree of divorce on 05.11.2019.

[2023/RJJP/000493] (2 of 2) [SAW-966/2022]

4. In view of the above, as the appointment of the petitioner

was on the false statement, the services of the petitioner-

appellant were rightly terminated and the learned single Judge has

committed no error in dismissing the writ petition. This apart the

petitioner-appellant had challenged the termination order in a

departmental appeal which also stood dismissed.

5. In the overall facts and circumstances, as the petitioner-

appellant had obtained the appointment by describing herself in

the wrong category, she is not entitled to continue in service.

6. The appeal has no merits and is dismissed.

                                   (SHUBHA MEHTA),J                                              (PANKAJ MITHAL),CJ

                                   N.K. GANDHI/LAKSHYA SHARMA /13









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