POONAM CHAND JOSHI Vs. STATE OF RAJ.

JUDGEMENT

(1.) By way of this writ petition, the petitioner has questioned vires of Rule 5 (ii), (iii), (v) and (ix) of the Rajasthan Voluntary Rural Education Service Rules, 2010 ('for short the Rules of 2010' hereinafter). It is prayed that the benefits accruing to the government servant under Rajasthan Civil Service Rules, 1951 and Rajasthan Civil Services (Pension) Rules, 1996 be made applicable and implemented to all the absorbed employees under the Rules of 2010 with all consequential benefits.

(2.) Learned counsel appearing for the petitioner contended that the writ petition involving identical question was partly allowed by a Bench of this Court vide judgment dtd. 1/2/2018 rendered in Raj. Samayojit Shiksha Karmi Welfare Society Vs. The State of Rajasthan reported in 2018 (2) WLC (Raj.) 10. This Court in Raj. Samayojit Shiksha Karmi Welfare Society's case (supra) while declaring the Rule 5 (ix) of the Rules of 2010 unconstitutional has issued directions in the following terms:

(3.) It is submitted that the judgment and order passed by this Court in Raj. Samayojit Shiksha Karmi Welfare Society (supra) since affirmed by the Hon'ble Supreme Court vide order dtd. 13/9/2018 passed in Special Leave Petition (Civil) No.21904/2018 and, therefore, the present writ petition deserves to be allowed in the terms indicated above.