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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE ARUN MONGA, J
Mamta Sharma – Appellant
Versus
State And Ors. – Respondent
Order :
1. Petitioner herein seeks modification of an order dated 28.11.2013 (Annex.14) passed by Additional Director (Admin.) Medical and Health Services, Rajasthan, to extent that her services be treated as confirmed from 06.08.2012 instead of 08.04.2013 and further seeks consequential benefits arising therefrom.
2. Briefly speaking relevant facts as pleaded in the petition are as follows:
2.1. The petitioner was initially appointed vide order dated 06.08.2010 to the post of Lower Division Clerk on compassionate grounds and joined her services. Thereafter, upon completion of her probation period on 06.08.2012, she submitted a representation to the respondents requesting that her typing test be conducted, as required for regularization under the Rajasthan Compassionate Appointment Rules, 1996. The said test was to be cleared within a period of two years i.e. during probation period;
however, the respondents on their own never conducted the test during these two years. She repeatedly approached the respondents for the test, but to no avail.
2.2. Subsequently, the respondents conducted the typing test on 03.04.2013, and at the first instance, the petitioner cleared the test. Her services
The court held that the delay in conducting a required typing test was attributable to the department, not the petitioner, warranting modification of service confirmation date.
Probation periods are contingent upon successful completion of required examinations; administrative delays do not invalidate probation declarations.
The court ruled that amendments to the qualification rules for LDCs eliminate the requirement for a type test for compassionate appointees who have acquired necessary computer proficiency.
Promotion eligibility should not be denied due to examination non-conductivity caused by exceptional circumstances such as a pandemic.
Delay and laches bar service claims, particularly where acquiescence and potential impact on third-party rights are involved.
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