Rajasthan High Court - Jodhpur
Radha Devi Nayak vs State Of Raj. & Ors on 6 February, 2009
Author: H.R. Panwar
Bench: H.R. Panwar
1
S.B.CIVIL WRIT PETITION NO. 791/2009
Radha Devi
Vs.
State of Rajasthan & Ors.
Date of Order :: 06.02.2009
HON'BLE MR. JUSTICE H.R. PANWAR
Mr. Ramesh Purohit, for the petitioner.
Mr.R.L.Jangid, Addl.Advocate General for the respondents.
Issue notice for final disposal. Mr. R.L.Jangid, Additional Advocate General accepts notice for the respondents.
Learned counsel for the parties submits that controversy involved in the instant writ petition stands concluded by a decision of this Court in S.B.Civil Writ Petition No.8769/2008; Smt.Vishnu Kanwar Vs. State of Rajasthan & Ors., decided on 21.11.2008.
In reply, it is contended by learned Additional Advocate General appearing for the respondent-State that the grounds raised by the petitioner stands decided by this Court in S.B.Civil Writ Petition No.8769/2008; Smt.Vishnu Kanwar Vs. State of Rajasthan & Ors, decided on 21.11.2008. However, learned Additional Advocate General submits that thereafter, the State Government has issued two notifications being notification No.प.20(22) पश /2005 पर dated 1st January, 2009 and notification No.श व र /प र./न य0 प 0/पब धक/18547/ 08/10 dated 2nd January, 2009 and therefore, the respondents may be directed to proceed in accordance with the said two notifications.
In this view of the matter, the writ petition is allowed 2 in terms of the order of this Court dated 21.11.2008 passed in S.B.Civil Writ Petition No.8769/2008, Smt.Vishnu Kanwar Vs. State of Rajasthan & Ors. and keeping in view the notifications dated 1st January, 2009 Annex.R/1 and dated 2nd January, 2009 Annex.R/2, the respondents are directed to consider the period consumed by the petitioner in undergoing training necessary for appointment as Prabodhak, the period of leave sanctioned or the leave availed for the reasons beyond control as part of teaching experience acquired. The period aforesaid is also not required to be considered as break in service. As such, the respondents should act expeditiously to give effect to the select list relating to the petitioner and consider her case for appointment as far as possible within a period of one month from today, if she is otherwise eligible. It shall be open for the respondents to demand original documents and other relevant facts from the petitioner to get satisfied about her claim for the period relating to teaching experience and leave etc..
(H.R. PANWAR), J.
rp 3 S.B.CIVIL MISC.STAY APPLICATION NO. 1535/2009 IN S.B.CIVIL WRIT PETITION NO. 791/2009 Date of Order :: 06.02.2009 HON'BLE MR. JUSTICE H.R. PANWAR Mr. Ramesh Purohit, for the petitioner.
Mr.R.L.Jangid, Addl.Advocate General.
Since the writ petition has been allowed, the stay petition stands disposed of.
rp (H.R. PANWAR), J.