1/2 S.B. CIVIL WRIT PETITION NO.6768/2008 Sobha Goyal vs State of Raj. & Ors. DATE OF ORDER: 15.5.2009 HON'BLE MR. PRAKASH TATIA, J. Mr. BB Singh, for the petitioner. <><><> Heard learned counsel for the petitioner. The petitioner has been denied appointment on the ground that there is a break in her service. In identical facts and circumstances of the case, this Court in the case delivered in Smt. Vishnu Kanwar & 157 Ors Vs. State of Raj. & Ors reported in 2009 WLC (Raj.) UC 186 following the decision rendered in Beeram Ram Choudhary Vs. State of Raj. & Ors (SBCWP No.6273/2008) decided on 15.10.2008 held that period of summer vacation cannot be treated as a break in service as during this period, the employee remains out of employment due to the circumstances beyond his control. As such, non-consideration of the candidature of the petitioner for the purpose of appointment as Prabodhak on the count that he is lacking experience is not just and proper. In view of the above, the writ petition of the petitioner is allowed and the respondents are directed to consider the period 2/2 consumed by the petitioner in undergoing training necessary for appointment as Prabodhak, the period of leave sanctioned or the leave availed for the reason beyond control as part of teaching experience acquired. The period aforesaid is also not required to b considered as break in service. As such, the respondents should act expeditiously to give effect to the select list relating to the petitioners and also relating to the persons similarly situated, as far as possible within a period of one and half month from today by giving appointment to them, if they are otherwise eligible. It shall be open for the respondents to demand original documents and other relevant facts from the petitioner to get satisfaction about their claim for the period relating to teaching experience and leave in question. (PRAKASH TATIA), J. c.p.goyal/-