AJIT SINGH SHEKHAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) It is submitted by learned counsel for the petitioner that vide circular dtd. 16/8/2016 (Annex.9), the State Government has provided that once a ex-serviceman has taken benefit of his status in getting Government employment, he shall not be entitled for the same benefit all over again. It is submitted that the said circular has been issued based on the circular issued by the Government of India, however, the said circular issued by the Government of India was considered by this Court in Sheshnath Rai v. State of Rajasthan and Ors. : SBCWP No. 4720/2005, decided on 12/4/2006 (Annex.12), wherein it was held that as the circular was dehors the Rules, the same cannot have the effect of overriding the reservation made available by the Rules.

(2.) In view of the submissions made, issue notice. Issue notice of stay application also. Both are made returnable within a period of four weeks.

(3.) Notices when issued be given 'dasti' to learned counsel for the petitioner.