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1987 Supreme(Raj) 282

Rajasthan High Court
M.C. Jain & S.M. Jain, JJ.
Poonam Chand - Appellant
Versus
State of Rajasthan - Respondents
D.B. Civil Writ Petition No. 2128 of 1987
Decided On : September 07, 1987

Advocates Appeared:
L.R. Calla, for Petitioner

Headnote:Rajasthan Civil Services (Joining Time) Rules, 1981, R. 8 and 5(5)—Non joining within joining time causes interruption of service—Not ultra vires of the Constitution—For joining after 30 days Department of Government can extend the time. Petition dismissed.

       

M.C. JAIN, J.— Heard learned counsel for petitioner.

2. The petitioner admittedly did not join within the joining time and as such rule 8 of the Rajasthan Civil Service (Joining Time) Rules, 1981 automatically came into operation, resulting into interruption of the petitioners service. Rule 5(5) of the said Rules empowers some authorities to grant extension in joining time. Upto 30 days, the time can be extended by the Heads of Department and beyond 30 days, the time can be extended by the Department of Government. The petitioner joined after 124 days. For extension beyond 30 days, the power vests in the Department of the Government. The petitioner ought to have approached through proper channel to the concerned department of the Government for extension of joining time. On perusal of rule 8 of the Rules, we do not find any vice in it and, so, it is not ultra vires of the Constitution. The petitioner may approach the Government for extension of the joining time under rule 5(5) of the said Rules.

3. With the above observations, this writ petition is dismissed summarily.


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