Rajasthan High Court - Jodhpur
Bhagu Ram & Ors vs Baroda - Rajasthan Gramin Bank on 9 December, 2009
Author: Prakash Tatia
Bench: Prakash Tatia
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1. S.B. CIVIL WRIT PETITION NO.10112/2009
DEVA RAM & ORS. VS. STATE & ORS.
2. S.B. CIVIL WRIT PETITION NO.10618/2009
BHUPENDRA SINGH VS. STATE & ORS.
3. S.B. CIVIL WRIT PETITION NO.113752009
TAN SINGH & ORS. VS. STATE & ORS.
4. S.B. CIVIL WRIT PETITION NO.11377/2009
SANWAR LAL PUROHIT & ORS. VS. STATE & ORS.
5. S.B. CIVIL WRIT PETITION NO.10582/2009
SANGRAM SINGH CHUNDAWAT & ORS VS. STATE &
ORS.
6. S.B. CIVIL WRIT PETITION NO.11379/2009
BHAGU RAM & ORS VS. STATE & ORS.
7. S.B. CIVIL WRIT PETITION NO.11381/2009
MANA RAM & ORS. VS. STATE & ORS.
8. S.B. CIVIL WRIT PETITION NO.10667/2009
MANISH KUMAR & ANR. VS. STATE & ORS.
9. S.B. CIVIL WRIT PETITION NO.10710/2009
MANJU KANWAR RAJAWAT VS. STATE & ORS.
10. S.B. CIVIL WRIT PETITION NO.10935/2009
KARAN SINGH & ORS. VS. STATE & ORS.
11. S.B. CIVIL WRIT PETITION NO.10948/2009
BHAWANI SHANKAR SHARMA & ORS. VS. STATE &
ORS.
12. S.B. CIVIL WRIT PETITION NO.10197/2009
MAHAVEER PRASAD & ORS VS. STATE & ORS.
13. S.B. CIVIL WRIT PETITION NO.11434/2009
SHARWAN KUMAR & ORS VS. STATE & ORS.
14. S.B. CIVIL WRIT PETITION NO.11429/2009
RAM PRASAD & ORS VS. STATE & ORS.
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15. S.B. CIVIL WRIT PETITION NO.11422/2009
MAHENDRA SINGH RATHORE & ORS. VS. STATE &
ORS.
16. S.B. CIVIL WRIT PETITION NO.11415/2009
MANOHAR LAL & ORS. VS. STATE & ORS.
17. S.B. CIVIL WRIT PETITION NO.11390/2009
KAVITA MEENA & ORS. VS. STATE & ORS.
18. S.B. CIVIL WRIT PETITION NO.11394/2009
JEET MAL BAIRWA & ORS VS. STATE & ORS.
19. S.B. CIVIL WRIT PETITION NO.11393/2009
RAM LAL & ORS. VS. STATE & ORS.
20. S.B. CIVIL WRIT PETITION NO.11392/2009
TEJPAL MEENA & ORS. VS. STATE & ORS.
21. S.B. CIVIL WRIT PETITION NO.11391/2009
SATISH CHANDRA JOSHI & ANR. VS. STATE & ORS.
22. S.B. CIVIL WRIT PETITION NO.11352/2009
DEEPA RAM & ORS. VS. STATE & ORS.
23. S.B. CIVIL WRIT PETITION NO.11264/2009
LEKHRAJ & ORS. VS. STATE & ORS.
24. S.B. CIVIL WRIT PETITION NO.11259/2009
SUSHRI MANJU DEVI BISHNOI & ANR. VS. STATE &
ORS.
Date of order : 9.12.2009
HON'BLE MR. PRAKASH TATIA, J.
S/Sh.Deepak Verma, Shambhoo Singh, KC Choudhary, PP Choudhary, Bharat Devasi, AD Charan, PR Mehta, RS Choudhary, MP Pareek, PS Chundawat, Ajay Vyas, RK Choudhary, Gopal Acharaya, Sajay Nahar, Rakesh Matoria, Narpat Singh, Sandeep Saruparia, RC Joshi, Subhash Kachhawaha and BN Kalla for the petitioner(s). 3 Mr. RL Jangid, Addl. Advocate General for the respondent State.
<><><> The learned counsel for the petitioners as well as the learned counsel for the State submit that the issue raised in these writ petitions has already been answered in the judgment of this Court delivered in S.B.Civil Writ Petition No.2579/09-Devendra Kumar & ors. vs. The State & ors. and 502 connected matters decided on 15.5.2009 and, thereafter, the Division Bench of the Rajasthan High Court at Jaipur dismissed the appeals preferred by the private parties, therefore, these writ petitions may also be decided in the light of the decision given in above S.B.Civil Writ Petition No. 2579/09 as well as in the light of the decision given in S.B. Civil Writ Petition No.4652/09 and connected 632 writ petition decided on 8.5.2009.
In view of the statement of both the learned counsel for the parties, these writ petitions are also allowed in the following terms:-
I. During continuation of the work, as detailed out hereinabove, the invocation of the last extension is arbitrary and illegal; and the consequential automatic termination orders of the petitioners are set aside.4
II. The RPSC/DPC selected candidates/employees are still not available and next academic sessions is about to start; even urgent temporary appointments under Rule 28 of the Rules of 1971 are not possible due to short span of one month and a half left to start with the process of admission and academic session, therefore, as per the aims and objects of the Scheme, respondents are directed to consider the cases of the petitioners for continuation in service till regularly selected candidates from RPSC/persons selected and recommended by the DPC for promotion are made available in the light of the above observations;
III. Even in case of appropriate order of continuation in service till regularly selected candidates from RPSC/DPC selected persons are available, the petitioners are not entitled for wages of the vacations, in other words, when the schools are closed.
IV. In case the regularly selected candidates from RPSC/persons selected and recommended by the DPC for promotion are made available, then the respondents can terminate services of the petitioners after preparation of the seniority list on the State level as per their date of appointment and merit assigned to them, by following the principle of 'last come first go' to the extent of availability of the selected candidates and while doing so, the respondents will keep the interest of the present students and prospective students in view."
The learned counsel appearing for the petitioners are also directed to submit the court fee of Rs.25/- for each of the petitioners in case it is a joint writ petition and certified 5 copy of this order may be issued to the petitioners only subject to payment of this Court fee.
[PRAKASH TATIA], J.
cpgoyal/-6
S.B. CIVIL WRIT PETITION NO._______/2009 Date of order : 9.12.2009 HON'BLE MR. PRAKASH TATIA, J.
S/Sh.Deepak Verma, Shambhoo Singh, KC Choudhary, PP Choudhary, Bharat Devasi, AD Charan, PR Mehta, RS Choudhary, MP Pareek, PS Chundawat, Ajay Vyas, RK Choudhary, Gopal Acharaya, Sajay Nahar, Rakesh Matoria, Narpat Singh, Sandeep Saruparia, RC Joshi, Subhash Kachhawaha and BN Kalla for the petitioner(s).
Mr. RL Jangid, Addl. Advocate General for the respondent State.
<><><> This writ petition is allowed [ see separate judgment in S.B. CIVIL WRIT PETITION NO.10112/2009- DEVA RAM & ORS. VS. STATE & ORS.] decided today itself.
By orders Court master.