Rajasthan High Court - Jodhpur
The State Of Rajasthan vs Tarun Songara (2024:Rj-Jd:37449-Db) on 9 September, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:37449-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 634/2024
1. The State Of Rajasthan, Through The Secretary,
Department Of Rural Development And Panchayati Raj,
Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.
2. The Chief Executive Officer, Zila Parishad, Jalore,
Rajasthan.
----Appellants
Versus
Tarun Songara S/o Shri Mohan Lal Songara, Resident Of - Ner
Godi Ji Mandir, Jeenger Colony, Jalore, District Jalore, Rajasthan.
----Respondent
Connected With
D.B. Spl. Appl. Writ No. 715/2024
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Rural Development And Panchayati Raj,
Government Of Rajasthan, Jaipur, Rajasthan.
2. Additional Commissioner, Rural Development And
Panchayati Raj Department, Government Of Rajasthan,
Jaipur.
3. The Chief Executive Officer, Zila Parishad Jalore,
Rajasthan.
4. The Development Officer, Panchayat Samiti Ahore, District
Jalore, Rajasthan.
5. Development Officer, Panchayat Samiti Jalore, District
Jalore, Rajasthan.
----Appellants
Versus
Anjna Choudhary D/o Shri Prem Chan Choudhary, Resident Of -
Irrigation Colony, New Chamunda Mata Mandir, District Jalore,
Rajasthan.
----Respondent
For Appellant(s) : Mr. Manish Patel, AAG
Mr. Jai Pareek
For Respondent(s) : -
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[2024:RJ-JD:37449-DB] (2 of 3) [SAW-634/2024]
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE KULDEEP MATHUR
JUDGMENT
09/09/2024
Per, Kuldeep Mathur, J.
These Special Appeals (Writ) are barred by limitation but
having regard to the facts pleaded in I.A. (Inward No.1/2024), we
are inclined to condone the delay.
2. Ordered accordingly.
3. The writ petitions giving rise to filing of the instant Special
Appeals were filed by the respondents herein on the ground that
though they worked with the appellants on contractual basis but
at the time of calculating the period for the purpose of issuance of
experience certificate, the appellants have reduced the days on
which the respondents remained on sanctioned leaves.
4. Learned Single Judge while referring to the judgment passed
in the case of "Smt.Vishnu Kanwar and 157 others v. State of
Rajasthan & Ors.; 2009 WLC (Raj.) UC 186" has held that if the
leave is sanctioned, the said period cannot be excluded from the
period of continuous service as the said period cannot be treated
as "period of absence". It has further been clarified by learned
Single Judge that the period, during which, the respondents
remained absent and which has not been sanctioned, need not be
included in their experience.
5. We find no illegality in the order passed by the learned Single
Judge as it is a settled law that if the leave availed by an
employee is a sanctioned one, then the relationship of "master
and servant" between "employee and employer" shall remain
[2024:RJ-JD:37449-DB] (3 of 3) [SAW-634/2024]
maintained and the period of availing such a sanctioned leave,
thus, cannot be excluded for the purpose of issuing experience
certificate in favour of such an employee.
6. In view of above discussion, the instant appeals are
dismissed being bereft of any merit.
7. No order as to costs.
(KULDEEP MATHUR),J (SHREE CHANDRASHEKHAR),J
Sr. No. 51-52 - /tarun goyal/
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