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2026 Supreme(Raj) 619

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
ASHOK KUMAR JAIN, J.
Neelam Gehlot W/o Shri Kamlesh Kumar Garg – Appellant
Versus
Director, Women and Child Development Department, Jaipur – Respondent
S.B. Civil Writ Petition No. 2794 of 2017
Decided On : 27-02-2026

Advocates Appeared:
For the Appellants : Punit Sighvi, Suhani Singh
For the Respondents: Akash Guar, Aditya Sharma

ORDER :

1. The instant writ petition is filed by the petitioner with following prayer:-

"i) by an appropriate writ, order or directions the entire record pertaining to the case of petitioner may be called for the perusal of the Hon'ble Court.

ii) by an appropriate writ, order directions the impugned action of the respondents of passing the impugned order without appreciating the relevant facts and circumstances of the case may kindly be declared as arbitrary, illegal and bad in law.

iii) by an appropriate writ, order or directions the impugned order dated 25.03.2015 of declaring the services of the petitioner for the period from 04.08.1990 to 29.08.2011 as dies non for all service benefits like annual pay Increment, leave benefit, pension etc. may kindly be quashed and set aside. Further, the respondents may be directed to give notional benefits to the petitioner for the said period.

iv) by an appropriate writ, order directions the, action of the respondents of not allowing her to join services despite several communication, legal notices and even after filing of the writ petition till interim order was granted may kindly be deprecated in strongest terms. Further, the respondents may be saddled with heavy cost for causing harassment.

v) Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the petitioner;

vi) Cost of the writ petition may also be awarded in favour of the petitioner."

2. Learned counsel for the petitioner submitted that the petitioner was appointed as Lady Supervisor Grade-III on 26.06.1986 in the Office of Project Officer, Jaitaran, District Pali. He further submitted that the petitioner fell seriously ill and was unable to attend the duties, and she has sent an application for medical leave. He further submitted that the petitioner remained continuously ill up to 27.08.1992 and when the petitioner approached the office of the Project Officer to resume her duties, then she was not allowed to join. He further submitted that the petitioner has submitted several representations and letters but she was not allowed to join. He further submitted that a disciplinary proceeding was instituted against her and was forced to file a writ petition before this Hon'ble Court, wherein after intervention of this Hon'ble Court, the respondents have permitted the petitioner to join on duty. He also referred the order passed by a Co-ordinate bench of this Hon'ble court on 23.09.2013 and submitted that after disposal of the writ petition, the disciplinary proceedings were concluded, but the period from 04.08.1990 to 29.08.2011 was treated as dies-non, which is contrary to the facts of the case. He also submitted that after a legal notice, the petitioner has filed a writ petition in the year 2006 and there was no negligence on the part of the petitioner, but still the period from 2003 onwards, in particular, from 2006 to 2011, cannot be treated as dies-non.

3. Learned counsel submitted that declaration of the period as dies non will affect her entitlement for annual increment, leave and pension benefits. He also submitted that the disciplinary authority has violated the basic principles of administrative law and also of natural justice before arriving at a conclusion to declare the entire period as dies-non. He also referred the material and submitted that from 04.08.1990 the petitioner was severely ill and medical leave can be sanctioned, but thereafter, she was not permitted to join on 28.08.1992, though, she was transferred on 12.08.1992 to Ahore. At last, he submitted that the order is itself without any basis and against all norms, therefore, same be quashed and set aside.

4. Aforesaid contentions were opposed by the learned counsel appearing on behalf of the respondents and submitted that earlier writ petition filed by petitioner was disposed on 23.09.2013 and the petitioner has filed a DB Special Appeal (Writ), but same was also dismissed. He further submitte

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