JUDGMENT :

NELSON SAILO, J.

1. Heard Mr. K. Tari, learned counsel for the petitioner and Ms. R. Basar, learned Junior Government Advocate appearing for the respondent nos. 1 and 2.

2. By filing this writ petition, the petitioner has challenged the order, dated 24.04.2020 (Annexure-7), by which, she has been terminated from service in the post of Peon, under the establishment of Deputy Commissioner, Lower Subansiri District, Arunachal Pradesh by invoking the proviso to Sub-Rule (1) of Rule 5 of the Central Civil Services (Temporary service) Rule, 1965 (Temporary Service Rules).

3. The case of the petitioner, in brief, is that she was appointed to the post of Peon in the Office of the Deputy Commissioner, Lower Subansiri District, Ziro, (Respondent no. 2), vide order, dated 30.10.1996 and was serving as such, until a Show Cause Notice, dated 11.04.2014, was issued to her, stating that she had remained absent from duty without the permission of the competent authority w.e.f. 30.10.2013 till the date of issuance of the Show Cause Notice and therefore, she was asked to report for duty within 7 (seven) days from the date of the Show Cause Notice, failing which, necessary action will be initiated against her. The unauthorized absent period was to be treated as “dies non” for all purpose, namely, increment, leave and pension, under Rule F.R. 18. The Show Cause Notice was not received by the petitioner in time but she nevertheless submitted her reply on 25.06.2014, stating that she was on Earned Leave up till 29.03.2013 and was to join on 30.10.2013. However, before joining, she fell seriously ill and had to be taken to Guwahati for further treatment. Therefore, she requested that she be absolved from “dies non” and other action.

4. The petitioner, thereafter, vide a letter dated 25.10.2015, informed the respondent no. 2 about the treatment undertaken by her from specialized hospitals. She stated that she was under treatment at AIIMS hospital, New Delhi and was required to undergo surgery. For this reason, she was unable to join her duties since the year 2011 properly. Thereafter, the respondent no. 2 published a notice in the local daily, dated Ziro the 13th March, 2020, requiring the petitioner to join in her duty within a period of 7(seven) days from the date of the notice, failing which, Disciplinary Proceeding would be initiated against her. In response to the notice, the petitioner submitted her Joining Report-cum-Condonation of break in service to the respondent no. 2 on 19.03.2020, stating that in compliance to the notice, she has joined her service on 19.03.2020. She further stated that the reason why she could not join in service earlier was due to her illness and she had undergone medical treatment at General Hospital Ziro, Hema Hospital Itanagar, AIIMS Hospital Delhi and Lokmanya Tilak Municipal Medical College & General Hospital, Sion, Mumbai. Since her health condition was better now, she was able to join her service and she therefore requested that she be allowed to continue in her service by condoning the break in service. Thereafter, vide the impugned order dated 24.04.2020, the petitioner was terminated from service, under the Temporary Service Rules. Although the petitioner submitted a notice, under Section 80 of CPC to the respondent no. 2 on 30.04.2020, through her engaged counsel but as she was not taken back into service, she is before this Court through the instant writ petition.

5. Mr. K. Tari, learned counsel for the petitioner submits that the petitioner did not remain absent from duty willfully and deliberately and in fact, it was on account of her illness and treatment taken by her in various hospitals that she could not join in her service. He submits that the respondent authority concerned was also aware of the illness of the petitioner and therefore, ought to have taken a lenient view in the matter. He submits that despite the fact that the petitioner is a regular employee under the State Government, the respo