1. - By the instant writ petition, petitioner seeks quashing the order Annex. 4 dated 7.3.2002 and directing the respondents to grant him the benefit of privilege leave under rule 91 of the Rajasthan Service Rules, 1951 (for short, "the Rules. 1951").

2. Petitioner is working on the post of Driver since 1.4.66. Vide order dated 9.3.81, his services were regularised w.e.f. 31.3.76 He was voluntarily retired from service on 31.5.2000. He claimed the benefit of encashment of privilege leave for 252 1/2 days which was denied to him. He approached this Court and in pursuance of the direction given by this Court in SBCWP No. 680/2002. he made a representation to the respondents for the benefit of privilege leave but the same has been rejected vide impugned order Annex. 4 dated 7.3.2002. Hence this writ petition.

3. I have heard learned counsel for the parties and perused the record.

4. A perusal of Annex. 13 dated 24.6.2000 makes it clear that the services of Sarvashri Dharam Raj and Mangi Lal were regularised by the same order dated 9.3.81 and they have been granted the benefit of privilege leave. As such, there is no justification for denial of this benefit to the petitioner. In this view of the matter, the ground taken in the impugned order for denial of this benefit to the petitioner does riot stand to logic.

5. Consequently, the writ petition is allowed; the impugned order Annex. 4 dated 7.3.2000 is quashed and the respondents are directed to make payment of privilege leave to the petitioner as per the rules. There shall be no order as to costs.Writ Petition Allowed - Impugned Order Quashed.

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