1 S.B. Civil Writ Petition No. 3375/2005 (Dr. Anil Kumar and Ors. Vs. State of Raj. and Anr.) Date of order : 18.1.2007 HON'BLE MR.H.R.PANWAR,J. Mr. PS Bhati, for the petitioners Mr. Rameshwar Dave, Dy.G.A. Heard learned counsel for the parties. It appears that the petitioners earlier filed a writ petition being SBCWP No. 2070/2000, which came to be dismissed on 19.7.2000 against which the petitioners preferred a special appeal before the Division Bench being D.B. Civil Sepcial Appeal No. 973/2000 along with some other persons. D.B. Civil Special Appeal No. 1091/2000 and 10 others which includes the special appeal filed by the present petitioners being D.B. Civil Special Appeal No. 758/2000 came to be allowed by the Division Bench of this Court by order dated 18.4.2002 wherein the Government was directed not to discontinue the services of the appellants therein. Thus, in view of the decision of the Division Bench, the services of the petitioners could not be discontinued and in continuity of the services, the petitioners are entitled for notional benefit though for that period they did not work, and therefore, they are not entitled for the pay and 2 allowances for that period. In view of the decision of the Division Bench, the petitioners are entitled for notional benefit. By orders Annexure-3 and Annexure-4 the period of absent that according to the learned counsel for the petitioners from 30.6.2000 to 18.4.2002 has been considered Dies Non and therefore, it amounts to be break in service. This runs contrary to the decision of the Division Bench which in clear terms directed the Government not to discontinue the services of the appellants- petitioners but meanwhile the petitioners are in continuity in service and therefore, for that period also though petitioners are not entitled for pay and allowances but they are certainly entitled for notional benefit. In this view of the mater the orders Annexure-3, 4 and 5 deserve to be quashed and the services of the petitioners during the period, they did not work are treated to be continued in service in view of the decision of the Division Bench of this Court. With these observations, the writ petition stands disposed of. No order as to costs. (H.R.PANWAR),J. rm/