Constitutional Law, Service Matters

Law Point : Talaknama is Valid document for Muslim Women to establish Divorce Decree required for appointment under Divorcee category recruitment matter advocate in jaipur

Summary : The petitioner claimed that the issue involved in the writ petition is no more res integra and is squarely covered by the judgment in Seema Nasib vs. State of Rajasthan & Ors. : 2008 (4) RLW 3477 and, therefore, the writ petition deserves to be allowed. While hearing the matter, the Hon’ble Rajasthan High Court held as under: -

"Be that as it may, since the petitioner had produced Talaknama at the time of verification of documents and as per judgment rendered by the co- ordinate Bench in the case of Seema Nasib (supra), the same is valid document and the petitioner could not be denied appointment. The respondents have committed a grave error in cancelling the appointment of the petitioner. Hence, the present petition is allowed, and the impugned order dated 28.8.2015 is quashed and set aside and the respondents are directed to permit the petitioner to join her place of posting as Agriculture Supervisor forthwith. The petitioner shall be notionally appointed from the day, person lower in merit list than the petitioner, had joined."

In view of the law laid down by this Court in Seema Nasib (supra) and Tarannum Khan (supra), the writ petition filed by the petitioner was allowed. The respondents were directed to accord appointment to the petitioner pursuant to the provisional select list, if she is otherwise eligible, with all consequential benefits from the date appointment was accorded to a person lower in merit to the petitioner. However, the petitioner would be entitled to monetary benefits from the date appointment is accorded to her.

Case Title: Tarannum Khan v. State of Rajasthan & Ors.

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