1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.7632/2009. : : Prabhu Lal Bairwa Vs. State of Rajasthan & Ors. : : Date of Order 6.7.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Praveen Jain for the petitioner. Contention of learned counsel for the petitioner is that benefit of promotion/grant of selection grade cannot be delayed in the case of petitioner only because he had a forth child borne to his wife after cut off date i.e. 1.6.2002 as per Rule 3 (1) (a) of Rajasthan Various Service (Amended Rules), 2001. That child was borne on 1.3.2003, but she has unfortunately died. It is submitted that second selection grade was due to petitioner from 12.5.2005 and the child was not alive on that day. The Additional CMHO considering this aspect of the matter referred the same to CMHO. In view of above, petitioner sought to withdraw this writ petition with a view to make representation to Government to relax the Rule 3 (1) (A). The Government shall consider and decide the same within a period of two 2 months from the date it is submitted in accordance with law. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.94.