Veerender Singh Siradhana, J. - (1.) In I.A. No. 636 of 2013:
(2.) FOR the reasons detailed out in the application for condonation of delay, the delay of seven days in preferring the review petition is hereby condoned. Consequently, the misc. application for condonation of delay is allowed. In Review Petition: In the instant review petition, the review/writ petitioner has prayed for review of the order dated 31st of July, 2013 passed by this Court dismissing Special Appeal (Writ) No. 1645 of 2012 against the judgment and order of the learned Single Judge dated 24th September, 2012. Briefly stated the facts of the case are that the original petitioner (Late Shri Ravindra Kumar Garg) was appointed as Stenographer on 20th December, 1985; without issuance of any advertisement and contrary to the procedure prescribed under the relevant Recruitment Rules. The appointment was made only for a period of three months purely on temporary basis and with a further stipulation to qualify the competitive examination in accordance with the Rajasthan Subordinate Courts (Ministerial Staff) Rules, 1958 (hereinafter referred to as 'the Rules of 1958, for short). Be that as it may, the original petitioner i.e. Late Shri Ravindra Kumar Garg, was continued in service and his services were regularized vide order dated 3rd January, 1998. However, the order of regularization of service dated 3rd January, 1998, was withdrawn on 30 October, 2003; including all the benefits extended as a consequence of regularization in view of the fact that Late Shri Ravindra Kumar Garg failed to qualify the proficiency test/competitive examination in the year 1990 and 1992. The learned Single Judge on a challenge to the impugned order dated 30th October, 2003 while dismissing the writ application, for the original petitioner having failed to pass the required test and further, the appointment accorded in his favour was contrary to the mandate of law and recruitment rules, interfered with the order only to the extent of recovery of an amount of Rs. 2,10,689/ -.
(3.) ON an intra -court appeal, this Court upheld the view of the learned Single Judge after a detailed scrutiny and hearing of the matter.;