JUDGMENT 1. - This petition for writ and the petitions referred in the Schedule "A" appended with this order involve similar questions for adjudication, hence are heard together and disposed of by this common order. 2. The petitioners, who are serving as Para Teachers faced the process of selection for appointment as Prabodhak under Rajasthan Panchayati Raj Prabodhak Service Rules, 2008, and their names figures in select list, however, appointments to them are withheld because of interruption in continuous service or because of lacking teaching experience due to leaves availed by them. In all the petitions, case of the petitioners is that whatever interruption in service exists i.e. because of undergoing training required for Para Teachers or because of availing leave due to unavoidable circumstances. In some of the cases, the leave may not be because of unavoidable circumstances, but is for a quite short period and i.e. sanctioned one. 3. As per the respondents, under the Rajasthan Panchayati Raj Prabodhak Service Rules, 2008, the eligibility required for appointment as Prabodhak is that the incumbent must be having five years teaching experience without any break with other requisite educational qualifications and in the present cases, there is a break in service, may that be because of undergoing training or sanctioned leave or otherwise, but, such break in service cannot be condoned and, therefore, the candidature of the petitioners was rightly rejected 4. Heard learned counsel for the parties. 5. The Rajasthan Panchayat Raj Prabodhak Service consist of two cadres viz. Senior Prabodhak and Prabodhak created under the Rajasthan Panchayati Raj Prabodhak Service Rules, 2008 (hereinafter referred to as "the Rules of 2008"). The recruitment to the post of Senior Prabodhak is required to be made 100% by way of promotion from among the Prabodhaks. The appointments are required to be made to the post of Prabodhak by way of direct recruitment and the eligibility to be considered for that is as follows:- "Senior Secondary School Certificate or intermediate or its equivalent, with Diploma or certificate in basic teachers training of a duration of not less than two years of Diploma or certificate in elementary teachers training of a duration of not less than two years. OR Bachelor of Elementary Education (B.El.Ed) OR Graduation with Bachelor of Education (B.Ed.) or its equivalent. OR Bachelor of Elementary Education (B.El.Ed) OR Graduation with Bachelor of Education (B.Ed.) or its equivalent. AND Must have at least 5 years continuous teaching experience without any break in any recognised educational institution/ educational project." 6. In the case of Shankar Lal v. State of Rajasthan and others (SBCWP No.6766/2008, decided on 15.10.2008) , this Court considered the issue relating to the consideration of the period of training undertaken by the persons appointed as Para Teacher as part of teaching experience. In the case aforesaid, the Court held as follows:- "Under the Rules of 2008 the term "teaching experience" is defined as follows:- "2(k)"Teaching Experience" for the purpose of direct recruitment includes the experience gained in supervisory capacity in any recognised educational institution or project." 7. The term "service" or "experience" is also defined under the Rules of 2008 in following terms:- "2(l)"Service" or "Experience" wherever prescribed in these rules as a condition for promotion from one Service to another or within the Service from one category to another or to senior posts, in the case of a person holding a lower post eligible for promotion to higher post shall include the period for which the person has continuously worked on such lower post after regular selection in accordance with rules promulgated; Note: Absence during service e.g. training, leave and deputation etc., which are treated as "duty" under the Rajasthan Service Rules, 1951 shall also be counted as service for computing experience or service required for promotion;" 8. Suffice it to mention here that the interpretation of term "experience" under Rule 2(l) relates to promotion from one service to another or within the service from one category to another or to Senior Posts in the case a person is holding a lower post. For the purpose of promotion, the period of training is required to be taken into consideration as experience, however, the Rules are silent regarding consideration of training as experience for direct recruitment. The term "teaching experience" as interpreted under Rule 2(k), though not refers that what shall be the teaching experience, but that is quite broad. It refers inclusion of experience gained in supervisory capacity in any recognised educational institution or project as teaching experience. Meaning thereby, the teaching experience includes the experience of teaching as well as the experience gained in supervisory capacity with a recognised institution. It refers inclusion of experience gained in supervisory capacity in any recognised educational institution or project as teaching experience. Meaning thereby, the teaching experience includes the experience of teaching as well as the experience gained in supervisory capacity with a recognised institution. A person undertaking training for holding a teaching post after selection to a post concerned then that certainly stands on a better pedestal for considering "teaching experience" than the experience gained in supervisory capacity. The period spent for training is already treated as part of experience under the Rules of 2008, for the purpose of promotion and, therefore, in totality of the facts and legal position as stated above, I do not find any just reason to deny the post selection training relating to a teaching post as a "teaching experience". The petitioner in view of whatever said above is certainly having a "teaching experience" of more than five years on inclusion of the training relating to post of Para Teacher. He is, thus, entitled to be considered for appointment as Prabodhak." 9. In view of the law laid down by this Court in the case of Shankar Lal (supra), the period consumed in undergoing training for Para Teachers is required to be treated as part of teaching experience, therefore, the respondents must include the period consumed in undergoing training as teaching experience. 10. Similarly, the leave availed because of unavoidable circumstances is also required to be taken into consideration as part of teaching experience and also that should not be treated as break in service as held by this Court in Beeram Ram Choudhary v. State of Rajasthan and others (SBCWP No.6273/2008) decided on 15.10.2008 , relevant portion of the judgment referred above reads as follows: "The period of summer vacations cannot be treated as a break in service as during this period the employee remains out of such non consideration of the candidature of the petitioner for the purpose of appointment as Prabodhak on the count that the is lacking experience is not just and proper" 11. As a matter of fact the break in service is the period in which the relationship of matter 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 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. 12. In view of whatever said above, all these petitions for writ are allowed. The respondents are directed to consider the period consumed by the petitioner's in undergoing training necessary for appointment as Prabodhak, the period of leave sanctioned or the leave availed for the reasons beyond control as part of teaching experience acquired. The period aforesaid is also not require to be 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 petitioners to get satisfied about their claim for the period relating to teaching experience and leave in question.All Petitions Allowed. *******