Babu Lal Damor vs State Of Rajasthan And Others

Madan Gopal Vyas, J

Learned counsel for the petitioner submits that in identical matter being S.B. Civil Writ Petition No.3286/2019 (Ramprakash Roj Vs. State of Rajasthan & Ors.), a Coordinate Bench of this court vide order dated 06.03.2019 has granted interim order, while issuing notices.

Mr. Manish Vyas, learned AAG submits that he is appearing in the matter on behalf of the respondents-State and sought time to file reply. He however, submits that with a view to maintain parity, if this Court deems it appropriate to grant interim order in this matter also, the same may be granted, but a liberty may also be given to the respondent-State to file an application under Article 226(3) of the Constitution of India for vacation of the interim order.

Service is, therefore, complete.

At the request of learned AAG, six weeks' time is granted to file reply as well as application under Article 226(3) of the Constitution of India for vacation of stay order.

List this case after six weeks alongwith SBCWP No.16004/2021.

Having regard to the facts and circumstances of the case, meanwhile, the respondent No.3- Superintendent of Police, District Udaipur is directed to relieve the petitioner from the post of Constable to join on the post of Teacher Grade III L-I without insisting for payment of refund of training expenses/salary. However, the said relieving of the petitioner shall remain subject to the final outcome of the present writ petition.

The concerned authority shall relieve the petitioner within a period of seven days of placing a certified copy of the order instant, whereafter new appointing authority will allow the petitioner to join the post of Teacher Grade III L-I, if petitioner reports within a period of ten days from the date of relieving.