RAJNI CHANDELA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking a direction to treat her services as continuous on the post of Teacher Grade II (Science) (for brevity, 'Teacher') with effect from her initial date of appointment.

(2.) The relevant facts in brief are that the petitioner was appointed as Teacher vide order dtd. 7/10/2011 after her regular selection pursuant to the advertisement dtd. 28/9/2011. She joined her duties on 12/10/2011. However, vide order dtd. 1/2/2012, the appointment order issued in her favour was withdrawn alleging want of requisite eligibility on the date of appointment and on 22/2/2012, she was relieved from duty. In the S.B. Civil Writ Petition No.3058/2012 preferred by her, a coordinate Bench of this Court, vide an interim order dtd. 28/3/2012, stayed the operation of the order dtd. 1/2/2012 whereupon, she rejoined her duties on 27/4/2012 pursuant to the office order dtd. 26/4/2012 passed by the respondents in compliance of the interim order dtd. 28/3/2012. The writ petition came to be dismissed vide order dtd. 27/9/2012 resulting into relieving the petitioner from duty on 20/11/2012. However, in the Special Leave to Appeal (Civil) No.30211/2012 preferred by the petitioner against rejection of her writ petition, initially, the Hon'ble Supreme Court of India was pleased to pass an interim order dtd. 30/11/2012 directing the respondents not to remove her from service, pursuant whereof, the respondents passed an order dtd. 6/12/2012 permitting her to rejoin the duties which she did on 7/12/2012. The SLP preferred by the petitioner came to be allowed by the Hon'ble Supreme Court of India vide order dtd. 18/11/2013.

(3.) Learned counsel for the petitioner submits that once the SLP preferred by her assailing the validity of the order dtd. 1/2/2012 cancelling her appointment stands allowed, the respondents are under an obligation to treat her continuous in service from the date of her initial appointment and accord her all consequential benefits. He, therefore, prays that the writ petition be allowed and the respondents be directed to accord her all benefits treating her continue in service with effect from 7/10/2011 without any break therein.