1 S.B.CIVIL WRIT PETITION NO. 2656/2009 Kausliya Pareek Vs. State of Rajasthan & Ors. Date of Order :: 13.04.2009 HON'BLE MR. JUSTICE GOVIND MATHUR Mr T. Gupta, for the petitioner/s. ... The candidature of the petitioner was rejected by the respondents while making appointment to the post of Prabodhak in Panchayat Samiti – Kotadi, Dist. Bhilwara on the count that she is having certain absence in service i.e. for a period of one day in the month of April 2005, five days in the month of August 2006, one day in the month of January 2007 and for 14 days in the month of February 2007. Whether such absence is required to be treated as break in service or required to be taken into consideration as a part of continuous service was also subject matter under consideration before this Court in Smt. Vishnu Kanwar Vs. State of Raj. & Ors. (SBCivil Writ Petition No.8796/2008) decided on 21.11.2008 wherein it was held that, “As a matter of fact, the break in service is the period in which the relationship of master and servant does not survive due to some positive act, either by the employee or by the employer. The period of leave due to unavoidable circumstances or to say the circumstances beyond the control of the employee or the employer cannot be treated as break 2 in service. Similarly if the leave is sanctioned one, then that too maintains the relationship of master and servant. The period of availing sanctioned leave, thus, cannot be excluded from the term of continuous service." The controversy involved in the instant matter, as a matter of fact, stands resolved in the case of Smt. Vishnu Kanwar (supra). Accordingly, this petition for writ is also allowed in the terms of the judgment of Smt. Vishnu Kanwar with direction to the respondents to consider her candidature for the purpose of appointment as Prabodhak if the leave availed was sanctioned one or was availed for the reasons beyond her control. No order as to costs. (GOVIND MATHUR), J. Jgoyal '