JAIRAM MEENA SON OF SHRI MANYA RAM Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2018-4-263
HIGH COURT OF RAJASTHAN
Decided on April 19,2018

Jairam Meena Son Of Shri Manya Ram Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

M.N.BHANDARI, J. - (1.) By this bunch of writ petitions, a challenge is made to the Notification dated 20.06.2001, whereby, a restriction was imposed on promotion for five recruitment years if third child take birth after 01.06.2002.
(2.) The facts of this case show that a child took birth after 01.06.2002 and, prior to it, petitioners were having two or more children. In one case, the wife has given birth to first child but it is out of the wedlock of husband re-married with her and the husband was having two children prior to 01.06.2002.
(3.) It is not in dispute that the State of Rajasthan subsequently issued a Notification on 20.11.2015 to relax the rule on the birth of a child after 01.06.2002, if it is out of re-marriage even if the employee was having two or more children prior to 01.06.2002. In view of the above, an employee of the State Government, entered into re-marriage, is made entitled for promotions even if one child took birth after 01.06.2002 even if he/she was having two or more children prior to 01.06.2002.;


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