(1) wp7345-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7345 OF 2011 Ratnamala Rangrao Kale PETITIONER VERSUS The State of Maharashtra & another RESPONDENTS ..... Mr. Pravin B. Rakhunde, advocate for the Petitioner. Mr. P.P. More, A.G.P. for the Respondent-State. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 1st DECEMBER, 2011 ORAL ORDER: 1. Rule. Rule made returnable forthwith and heard finally, by consent. 2. In the present petition, the petitioner is challenging the order passed by the learned Member of the Maharashtra Administrative Tribunal in Original Application No. 805/2010 whereunder her prayer for setting aside the termination order passed against her was rejected. 3. The petitioner is a widow. She was appointed on compassionate grounds upon death of her husband, (2) wp7345-11 as a Clerk-cum-Typist by Respondent No. 2. The Government Resolution dated 23rd August, 1996 stipulated that the prescribed examination of typing should be passed by such a candidate within a period of two years from the date of appointment. The petitioner has passed the examination of MS-CIT (computer course) within less than two years from the date of her appointment. However, she did not pass the English and Marathi typing examinations within a period of two years. She was, therefore, terminated by the Respondent No. 2 from the services, vide termination order dated 26th August, 2010. Another Government Resolution dated 10th March, 1998 provided that in case of an appointment of a widow on compassionate grounds, extension of one year can be given on the conditions which inter alia included that the employee should have appeared for at least three examinations out of four examinations those were available within a period of two years of her services. Learned Member of the Maharashtra Administrative Tribunal found that the present petitioner had not appeared for three occasions within the period of her initial tenure of two years (3) wp7345-11 and, therefore, it was observed that the extension of period of one year in her case was not applicable. In view of this finding, the termination of the services of the petitioner immediately after completion of two years was held to be justified. Aggrieved by the said order, the present writ petition is filed. 4. The petitioner submits that she had immediately complied with the condition of passing MS-CIT course during her short tenure of two years. Appreciation letters regarding her work were issued and even a cash award of Rs. 387/- was also given to her by Respondent No. 2, for her good and satisfactory work. She has passed both the typing examinations held in November, 2010. It is further submitted that she had, in fact, joined the typing classes within a period of two years though she had passed the examination after a period of two years but within the extended period of one year. The learned A.G.P. opposes the contention by pointing out the condition of the Government Resolution dated 10th March, 1998 which provided that the employee should (4) wp7345-11 have availed at least three chances out of four examinations available within the initial period of two years. 5. Considering the fact that the petitioner is a widow and immediately has passed the MS-CIT examination and further that her short services with the Respondent No. 2 were found to be useful, in our view, equity demands that she should be continued in the services. 6. In that view of the matter, the writ petition is allowed. Rule is made absolute in terms of prayer clause (C) and (D). The petitioner shall be reinstated within a period of two weeks from today. [M.T. JOSHI, J.] [B.R. GAVAI, J.] npj/wp7345-11