1
SBCW NO. 2544/2009
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
ORDER
S.B.CIVIL WRIT PETITION NO. 2544/2009
Anand Singh
Vs.
State of Rajasthan and Ors.
Date of Order :: 06.04.2009
HON’BLE MR. JUSTICE H.R. PANWAR
Mr. N.R.Choudhary for the petitioner.
By the instant writ petition under Article 226 of the
Constitution of India, the petitioner seeks a direction to the
respondents to consider his candidature for appointment on the
post of Prabodhak with consequential benefits and to count the
services rendered by the petitioner from the date of his initial
engagement on the post of Para-teacher w.e.f. 1.6.2002 after
ignoring sickness period for having five years continuous
teaching experience required for appointment on the post of
Prabodhak.
It appears from the record that after petitioner
having been engaged as Para-teacher w.e.f. 1.6.2002, on
2
SBCW NO. 2544/2009
various occasions there had been break in service. Vide Annex.4,
there is break in service of 180 days from 01.09.06 to
27.2.2007, for 120 days from 28.2.2007 to 27.6.2007, for 90
days from 28.6.2007 to 25.9.2007 and for 71 days from
26.9.2007 to 5.12.2007 and the total period of break in service
vide Annex.4 is 180 days + 120 days + 90 days + 71 days =
461 days.
Thus, in my view, keeping in view the long break in
service period of the petitioner, it cannot be said that the
petitioner has continuous 5 years teaching experience as
provided under Schedule to the Rajasthan Panchayati Raj
Prabodhak Service Rules, 2008 which provides that a candidate
must have at least 5 years continuous teaching experience
without any break in any recognized educational institution/
educational project. The respondent State Govt. by order
No.प.20 (22) प श / 2005 प ट dated 01.01.2009 also issued certain
guidelines for considering the period of teaching experience and
in respect of the applicants who remained indoor patient and
who underwent training, it has been provided that such period
shall not be treated as break in service and further it has been
provided that maximum break period will be of 180 days on
account of certain grounds mentioned therein. The grounds
3
SBCW NO. 2544/2009
mentioned therein are six in number viz. (1) applicant’s own and
his family member’s sickness, a maximum period of 20 days in a
year for which no medical certificate is required, (2) Marriage of
the applicant or family members or on account of death in his
family, (3) Natural calamities or riots etc., (4) On account of the
institution having remained closed by the order of the Govt. (5)
the period during which the applicant was required to appear in
the Court and (6) Any other reasons to the satisfaction of the
appointing authority.
In the instant case, none of the grounds exist for
such a long break of 461 days. At any rate, the maximum break
of 180 days can be taken into account as per Govt. order dated
1.1.2009 and therefore, in my view, the petitioner did not
possess the five years continuous teaching experience as
required even if the period upto 180 days is taken into account.
In this view of the matter, the writ petition is devoid
of any merit and it is therefore, dismissed summarily.
(H.R. PANWAR), J.
rp
4
SBCW NO. 2544/2009
S.B.Civil Misc. Stay Petition No. 4281/2009
In
S.B.Civil Writ Petition No. 2544/2009
Date of Order : 06.04.2009
HON’BLE MR.JUSTICE H.R.PANWAR
Mr. N.R.Choudhary for the petitioner.
Since the writ petition itself has been dismissed, the
stay petition also stands dismissed.
(H.R. PANWAR), J.
rp