DEVA RAM CHAUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 4 -8 -97 and amended on 25 -7 -98 with a prayer that by an appropriate writ, order or directions, sub -rule (3) of Rule 5 of the Rajasthan Civil Services (Appointment and other Service Conditions of Employees of Private Institutions and other Establishment Taken Over by Government) Rules, 1977 (hereinafter referred to as the Rules of 1977) be declared ultra vires to the Articles 14 and 16 of the Constitution of India and further the petitioner be paid post retiral benefits considering and counting the complete post services rendered by the petitioner in the private aided school and the orders dtd. 12 -3 -97 and 7 -6 -97 (Annex. 5 and 6 respectively) by which recovery of already paid amount to the petitioner had been ordered to be effected, be quashed.

(2.) THE facts as put forward by the petitioner are as under :

(3.) THAT during the course of argument, the learned counsel for the petitioner has not assailed the validity of sub -rule (3) of Rule 5 of the Rules of 1977 and thus, the first prayer stands rejected.