Rajasthan High Court - Jodhpur
Vishal Ram & Ors vs State Of Raj. & Ors on 14 May, 2010
Bench: A.M.Sapre, Dinesh Maheshwari
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D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05649/2009
Daulat Ram Parihar & Ors. Vs. The State of Rajasthan & Ors.
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D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05753/2009
Ramesh Chandra Meena & Ors. Vs. The State of Rajasthan & Ors.
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D.B. CIVIL SPECIAL APPEAL (WRIT) NO.07756/2009
Bhupendra Sharma & Anr. Vs. The State of Rajasthan & Ors.
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D.B. CIVIL SPECIAL APPEAL (WRIT) NO.07759/2009
Jagdish Prasad & Ors. Vs. The State of Rajasthan & Ors.
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D.B. CIVIL SPECIAL APPEAL (WRIT) NO.661/2009
Manish Kumar & Ors. Vs. The State of Rajasthan & Ors.
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D.B. CIVIL SPECIAL APPEAL (WRIT) NO.662/2009
Vishal Ram & Ors. Vs. The State of Rajasthan & Ors.
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D.B. CIVIL SPECIAL APPEAL (WRIT) NO.694/2009
Smt.Jyoti Sen & Ors. Vs. The State of Rajasthan & Ors.
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Dated :: 14th May 2010.
HON'BLE MR.JUSTICE A.M.SAPRE
HON'BLE MR. JUSTICE DINESH MAHESHWARI
Mr.S.K.Dadhich for
Mr.Rakesh Matoria} for the appellants
Mr.S.Saruparia }
.....
BY THE COURT
The defects/defaults as pointed out in these matters are taken note of and are ignored as in our opinion it is not necessary to remedied them.
These appeals involving identical issues have been considered together and are taken up for disposal by this common order.
2The appellants-petitioners were engaged as "Vidhyarthi Mitra" to undertake teaching work in schools on contract basis under the scheme framed by the State Government; they approached this Court by filing the respective writ petitions stating the grievance, inter alia, that their services would not be continued after summer break. It appears that the engagement of some of incumbents continued during the pendency of the litigation pursuant to the orders passed by the Court. Thereafter, a batch of petitions involving similar issues was decided at Jaipur Bench of this Court on 08.05.2009 with certain directions essentially to the effect that the respondents shall consider the cases of petitioners for continuation in service until the regular selections were made but with the observations that the petitioners would not be entitled for salary during the period of vacations i.e., when the schools remain closed. Following the said decision, the respective writ petitions as preferred by the present appellants have been decided by the learned Single Judge of this Court in the same terms and with the same directions. Hence, these appeals.
It is noticed that the intra-court appeals as filed at the Jaipur Bench against the order dated 08.05.2009 have since been considered and dismissed by a Division Bench of this Court in the case of Rajendra Kumar Saini & 126 Ors. Vs. State of Rajasthan & Ors., reported in 2010(1)WLC (Raj.)171.
In the said decision, this Court has clearly held while dismissing the similar nature appeals that the appellants- petitioners are not entitled to claim regularisation on the post on which appointments were given on contractual basis; that the appellants-petitioners, not appointed as per the recruitment rules, are not entitled to make a claim for equal pay; and they are not entitled to make a claim of salary for summer vacations.
It is further noticed that following the said decision in Rajendra Kumar Saini (supra), we have dismissed another 3 batch of appeals led by SAW No.580/2009: Chandar Prakash Bishnoi & Ors. Vs. The State of Rajasthan & Ors. on 15.02.2010. We do not find any ground to differ from the view already expressed in similar matters.
Accordingly, these appeals stand dismissed. No costs.
(DINESH MAHESHWARI),J. (A.M.SAPRE),J.
s.soni 4 D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05753/2009 Ramesh Chandra Meena & Ors. Vs. The State of Rajasthan & Ors.
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Dated :: 14th May 2010.
HON'BLE MR.JUSTICE A.M.SAPRE HON'BLE MR. JUSTICE DINESH MAHESHWARI .....
BY THE COURT:
This appeal stands dismissed vide common order made in D.B. Civil Special Appeal (Writ) No.05649/2009: Daulat Ram Parihar & Ors. Vs. The State of Rajasthan & Ors.
By Order By Order
Court Master Court Master
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D.B. CIVIL SPECIAL APPEAL (WRIT) NO.07756/2009 Bhupendra Sharma & Anr. Vs. The State of Rajasthan & Ors.
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Dated :: 14th May 2010.
HON'BLE MR.JUSTICE A.M.SAPRE HON'BLE MR. JUSTICE DINESH MAHESHWARI .....
BY THE COURT:
This appeal stands dismissed vide common order made in D.B. Civil Special Appeal (Writ) No.05649/2009: Daulat Ram Parihar & Ors. Vs. The State of Rajasthan & Ors.
By Order By Order
Court Master Court Master
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D.B. CIVIL SPECIAL APPEAL (WRIT) NO.07759/2009 Jagdish Prasad & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 14th May 2010.
HON'BLE MR.JUSTICE A.M.SAPRE HON'BLE MR. JUSTICE DINESH MAHESHWARI .....
BY THE COURT:
This appeal stands dismissed vide common order made in D.B. Civil Special Appeal (Writ) No.05649/2009: Daulat Ram Parihar & Ors. Vs. The State of Rajasthan & Ors.
By Order By Order
Court Master Court Master
7
D.B. CIVIL SPECIAL APPEAL (WRIT) NO.661/2009 Manish Kumar & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 14th May 2010.
HON'BLE MR.JUSTICE A.M.SAPRE HON'BLE MR. JUSTICE DINESH MAHESHWARI .....
BY THE COURT:
This appeal stands dismissed vide common order made in D.B. Civil Special Appeal (Writ) No.05649/2009: Daulat Ram Parihar & Ors. Vs. The State of Rajasthan & Ors.
By Order By Order
Court Master Court Master
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D.B. CIVIL SPECIAL APPEAL (WRIT) NO.662/2009 Vishal Ram & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 14th May 2010.
HON'BLE MR.JUSTICE A.M.SAPRE HON'BLE MR. JUSTICE DINESH MAHESHWARI .....
BY THE COURT:
This appeal stands dismissed vide common order made in D.B. Civil Special Appeal (Writ) No.05649/2009: Daulat Ram Parihar & Ors. Vs. The State of Rajasthan & Ors.
By Order By Order
Court Master Court Master
9
D.B. CIVIL SPECIAL APPEAL (WRIT) NO.694/2009 Smt.Jyoti Sen & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 14th May 2010.
HON'BLE MR.JUSTICE A.M.SAPRE HON'BLE MR. JUSTICE DINESH MAHESHWARI .....
BY THE COURT:
This appeal stands dismissed vide common order made in D.B. Civil Special Appeal (Writ) No.05649/2009: Daulat Ram Parihar & Ors. Vs. The State of Rajasthan & Ors.
By Order By Order
Court Master Court Master
10