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2009 Supreme(Raj) 1563

PREM SHANKER ASOPA
Chandan Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Srijana Shreshth, Advocate.
For the Respondent: Hemant Mathur, Dy. Govt. Counsel

JUDGMENT

1. - Issue notice to the respondents.

2. Mr.Hemant Mathur, Dy. Govt. Counsel is directed to accept the notices.

3. With the consent of counsel for both the parties, the writ petition has been heard finally and the same is being decided.

4. Counsel for the petitioner submits that the petitioner is already working as Laboratory Technician from 28.4.2006 on ad hoc temporary basis in the office of Project Director, Rajasthan State Aids Control Society, Medical and Health Services, Rajasthan, Jaipur therefore, he is entitled for the benefit of Rule 13(viii) of the Rajasthan Rural Medical and Health Service Rules, 2008 (in short `the Rules of 2008') but the same is not being granted. The alternative ground which has been taken by the petitioner is that as per the judgment of the Supreme Court in Union Public Service Commission v. Dr.Jamuna Kurup & ors. (2008 Lab.I.C. 3583 ) contract employees have also been held entitled to age relaxation. The respondents have acted contrary to the aforesaid judgment of the Supreme Court in Dr.Jamuna Kurup.

5. Submission of Mr.Mathur, Dy. Govt.Counsel is that the petitioner is not entitled to the relief prayed by him.

6. I have gone through record o













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