P.K.LOHRA,J. - (1.) By the instant writ petition, petitioner has challenged order dated 09.01.2014 (Annex.4) passed by Rajasthan Civil Services Appellate Tribunal, Circuit Bench, Jodhpur rejecting his appeal against order dated 14.11.2002 (Annex.9) to the writ petition.
(2.) The facts, in brief, are that initially petitioner was appointed as Junior Accountant on 02.11.1981 but he was subsequently terminated from the services on 01.01.1985 followed by a fresh appointment on 02.1.1985 which came to an end on 30.06.1985. Although, petitioner continued to serve the respondent( department but for certain artificial breaks. Be that as it may, after 1985, petitioner continued to serve respondent department and also cleared the departmental examination for facilitating his regularization in services w.e.f. 07.12.1989. At the behest of petitioner, endeavour was made for seeking condonation of interruption in service by invoking Rule 212 of the Rajasthan Service Rules, 1951 (for short, 'Rules of 1951'), which is pari materia to Rule 27 of the Rajasthan Civil Services (Pension) Rules, 1996 (for short, 'Rules of 1996'). When the efforts made by petitioner for condonation of 90 days' interruption in service did not fructify to his advantage for quite some time, he filed a writ petition before this Court which was registered as SBCW No. 2416/1997. Learned Single Judge of this Court by its judgment and order dated 26.11.1998 dismissed the petition.
(3.) Feeling aggrieved by the same, petitioner approached the Division Bench. Before Division Bench, the counsel appearing for the petitioner craved liberty to approach State Government by way of submitting a representation under Rule 212 of the Rules of 1951 and Rule 27 of the Rules of 1996. Acceding to the request of learned counsel for the petitioner, Division Bench passed following order:- "At this stage, a request was made by the learned counsel Shri Dave for the appellant that under the Rule 212 of the Rajasthan Service Rules, 1951 and Rajasthan Civil Services (Pension) Rules, 1996, the appellant petitioner is entitled to apply before the State Govt. for condoning the break in service, while in service. Therefore, he wants to make appropriate representation to the competent authority. He can do so within one month from today. If such representation is made within one month then the same shall be decided in accordance with law by the competent authority as early as possible preferably within three months from the receipt thereof. Stay petition is also dismissed.";