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2006 Supreme(SC) 847

H.K.SEMA, P.K.BALASUBRAMANYAN
Chand Mal Chayal – Appellant
Versus
State Of Rajasthan – Respondent


JUDGMENT

Sema, J.—The challenge in this appeal is to the order dated 24.9.2003 passed by the Division Bench in Special Appeal (Writ) No.707 of 2002. By the aforesaid order the Division Bench set aside the order dated 17.9.2002 passed by the learned Single Judge directing the respondent Government to pass an order within a period of one month to facilitate the re-employment of the writ petitioner (the appellant herein) from 4.11.1992. The learned Single Judge further directed that the appellant shall not be entitled to the benefits which he agreed to forego by submitting undertaking dated 22.3.1993.

Background facts :

2. The appellant was a Reader/Court Master in the Magistrate Court. He is stated to be member of Scheduled Caste. To contest the election held in 1990 he tendered his resignation on 27.1.1990 which was accepted on 28.1.1990. The appellant was thereafter relieved from the post on 29.1.1990. He in fact filed nomination as a candidate but subsequently withdrew on 2.2.1990. By a petition dated 12.2.1990 addressed to the District Judge he prayed for retaining the post which was rejected by the District Judge. Thereafter, it appears that he filed a writ petition before the High









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