CW 5683/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.5683/2006 Smt. Snehlata Masih Versus State & Ors. Date of Order ::: 28/01/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Mahesh Kr. Sharma for Mr. VS Yadav, for petitioner Mr. Pradip Kalwania, Addl.Govt. Counsel, for respondents-State Instant petition has been filed assailing order dt.30/06/06 (Ann.3) whereby petitioner's salary for the period from 11/06/06 to 13/06/06 was deducted by respondents. Petitioner while working as Nursing Tutor- cum-Warden on her posting at Karauli was served with a confidential letter dt.29/05/06 (Schedule A) sent by Rajasthan Nursing Council, Jaipur whereby she was appointed as Examiner for III Year Midwifery Examination held in June, 2006; and since it was being confidentially processed, she was asked to report to the School of Nursing Shree Kalyan Arogya Sadan Sanwali (Sikar) on 12/06/06 – in pursuance whereof, she reported as Examiner on 12/06/06. It appears that she had not sent formal application to the Head of Office, for which her explanation was called for and taking note whereof, the authority was not satisfied and accordingly ordered to deduct the salary for the CW 5683/06 //2// period from 11/06/06 to 13/06/06. Counsel for petitioner submits that since petitioner was served with confidential letter from a statutory Council, appointing her as Examiner, she had to report to the concerned Institution and while on duty she reported and despite explanation having been furnished, her salary was deducted for the period from 11/06/06 to 13/06/06 in an arbitrary manner and without any reason. Counsel further submits that deduction of salary for the period in question may construe break in service particularly, when she was having Privilege/casual leave at her credit in leave accounts. In their reply, respondents have tried to justify the deduction impugned and averred that no error was committed while passing the order impugned. Having considered contentions of Counsel for the parties and with their assistance, pondered over the material on record, explanation of petitioner appears to be justified and when she was appointed as Examiner by Rajasthan Nursing Council by communicating confidential letter dt. 29/05/06, she had no option except to report to the concerned institution as Examiner and her explanation certainly requires consideration and CW 5683/06 //3// in fact deduction of salary for the period from 11/06/06 to 13/06/06 vide order impugned (Ann.3) cannot be said to be legally sustainable. It is made clear that her period in question can certainly be regularised by sanctioning leave due to her. Consequently, writ petition succeeds and is hereby allowed. Order dt.30/06/06 (Ann.3) is hereby quashed & set aside. However, respondents may pass appropriate orders regularising the period from 11/06/06 to 13/06/06 by sanctioning leave due to her; and deductions if already made, be refunded to her. Compliance be made within one month. No order as to costs. (Ajay Rastogi), J. K.Khatri/p3/5683CW06-28Jn.doc