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2015 Supreme(Raj) 427

SUNIL AMBWANI, VEERENDR SINGH SIRADHANA
Gopal Kumawat – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
Mrs. Naina Saraf, for Petitioner;
Dr. A.S. Khangarot, Addl. Govt. Advocate,
Chetan Bairwa,
Saurabh Saraswat, Dy. Govt. Counsel, for Respondents

JUDGMENT :

Hon'ble AMBWANI, CJ.—By this writ petition, the petitioner, appointed as Lower Division Clerk (LDC) in the Office of the Public Health & Engineering Department, vide Office Order dated 03.06.2006, by the Chief Engineer (Rural), Public Health & Engineering Department, Rajasthan, on probation, has prayed for quashing the Notification dated 13.03.2006, notifying the Rajasthan Service (Amendment) Rules, 2006, to come into force with effect from 20.01.2006, issued by the then Governor of Rajasthan, in exercise of its powers under Proviso to Article 309 of the Constitution of India, by which it is provided that all the Government servants appointed on or after 20.01.2006, on probation, as probationer-trainee, for a period of two years, will be paid fixed remuneration at such rates as may be prescribed by the Government from time to time, and further that after successful completion of probation training, he/she will be allowed minimum pay in the pay scale of the post, and that the period of probation training shall not be counted for grant of annual grade increments. The amendment of the Rules also took away the benefit of leave during the period of probation, except for female














































































































































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