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SB Civil Writ Petition No.10068/2008
Shamsher Singh. vs. State of Raj. & Ors.
& 2 other connected writ petitions.
1. S.B. Civil Writ Petition No.10068/2008
Shamsher Singh. vs. State of Rajasthan & Ors.
2. S.B. Civil Writ Petition No.10069/2008
Seema Sharma. vs. State of Rajasthan & Ors.
3. S.B. Civil Writ Petition No.10070/2008
Rajesh Kumar. vs. State of Rajasthan & Ors.
Date : 20.5.2009
HON'BLE MR. PRAKASH TATIA, J.
Mr.V Makkad, for the petitioner.
Mr.RL Jangid, for the respondents.
– – – – –
Heard learned counsel for the parties.
The petitioners’ contention in all these writ
petitions is only that the petitioners cannot be
denied appointment on account of lack of
experience by taking into account the period for
which petitioners could not discharge the duties
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SB Civil Writ Petition No.10068/2008
Shamsher Singh. vs. State of Raj. & Ors.
& 2 other connected writ petitions.
due to the vacations and this Court in its
judgment rendered in SB Civil Writ Petition
No.8796/2008 (Smt. Vishnu Kanwar vs. State of
Rajasthan and others) decided on 21.11.2008
reported in 2009 WLC (Raj.) UC 186, held that the
period for which the employee could not serve the
institution because of the reasons beyond his/her
control, that may be taken to be period of
experience. Learned counsel for the petitioners,
therefore, submitted that the petitioners may be
permitted to submit the representation so that
their case may be considered.
In view of the above, these writ petitions are
allowed and the petitioners are permitted to
submit representations which may be considered by
the respondents in the light of the decision given
in the case of Beeram Ram Choudhary vs. State of
Rajasthan and others (S.B. Civil Writ Petition
No.6273/2008) and the decision given in the case
of Smt. Vishnu Kanwar (supra).
It is clarified that the relief beyond the
relief which has been granted in above two cases
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SB Civil Writ Petition No.10068/2008
Shamsher Singh. vs. State of Raj. & Ors.
& 2 other connected writ petitions.
may not be granted to the petitioners and their
case may be considered on the basis of the facts
set up by the petitioners.
The petitioners may submit the representation
within a period of one month and thereafter, the
respondents may pass appropriate order on the said
representation.
(PRAKASH TATIA), J.
S.Phophaliya