CW 27/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.27/2010 Devendra Kr. Bhargava Versus State Date of Order : 08/01/10 Hon'ble Mr. Justice Ajay Rastogi Mr. Shailesh Pra. Sharma, for petitioner Grievance raised by the petitioner herein is to declare the order dt.06/07/1996 of termination of his services to be illegal. Counsel submits that after termination was given effect to vide order dt.06/07/96, petitioner was later on again appointed on adhoc/temporary basis vide order dt.17/02/97 in pursuance whereof, he joined on 20/03/97 and that apart, since he was later on regularly selected, was appointed vide order dt.18/02/99 (Ann.7). Intervening period from the date of earlier termination till re-appointment (from 11/07/96 to 20/03/97) has been considered to be break in service – as a consequence whereof, he will not get benefit for computation of pensionary dues to which he is entitled for. Counsel further submits that others having been terminated from service along with petitioner, were allowed to continue because of temporary injunction granted by civil court; as such two persons similarly situated have been treated CW 27/10 //2// differently only account of the fact that one had approached the civil court and petitioner was advised to approach this Court assailing termination order dt.06/07/1996 by filing of CWP-4561/1996 which was finally disposed of in view of liberty granted vide order reproduced in para 10 of present writ petition. It appears from the order having been reproduced in para 10 of instant petition that this fact was not brought to the notice of this Court that petitioner who was re-appointed on account of interim order of this Court dt. 06/11/96 in CWP-4561/96 was later on regularly selected on the recommendations of Rajasthan Public Service Commission was appointed vide order dt. 18/02/99 (Ann.7) and what has been observed while disposing of CWP-4561/96 by this Court only relate to other grievance, if any, can be raised in appropriate proceedings. However, after making submissions for some time, Counsel seeks to withdraw the instant petition with the liberty to file review or avail of remedy under the law. Accordingly writ petition stands dismissed with liberty (supra). (Ajay Rastogi), J. K.Khatri/p2/ 27CW2010Jn8-DsInfr-Rmdy.doc