CW 13427/09 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.13427/09 Mahesh Kumar Vijay & Ors. Versus State & Anr. DATE OF ORDER : 29/10/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Manoj Pareek, for petitioner *** Counsel submits that petitioner is presently serving in the Government on the post of Nurse Gr.II and holding qualification of B.Sc. Nursing. However, permission to undergo M.Sc. Nursing Course which was granted to him vide order dt.2nd August, 2008 U/r.112 of the Rules. Counsel submits that other employees who are working in the department whenever they have proceeded for study leave, it has been treated to be on deputation as evident from order dt.17th October, 2008 and circular has also been issued by the department dt.4th March, 2009. But, despite representation made by him, his case has not been considered for treating him to be on deputation during the period of his study leave which according to him, is in violation of Art.14 of the Constitution of India. CW 13427/09 [2] Without going into merits of the matter at this stage, this court considers it appropriate to direct the petitioner to make a fresh representation. If it is made within one month, the concerned authority may consider the same objectively and decide within three months, thereafter, by passing a speaking order in accordance with law. Decision whereof be communicated to the petitioner, who if feels aggrieved, will be free to avail remedy under law. With the above observations, the writ petition stands disposed of. [AJAY RASTOGI], J. FRBOHRA13427CW09 29-10.doc