Rajasthan High Court - Jodhpur
Heera Lal Dangi & Ors. vs . State Of Rajasthan & Ors. on 6 January, 2015
Author: Sandeep Mehta
Bench: Sandeep Mehta
1
S.B.CIVIL WRIT PETITION NO.3307/2010
Heera Lal Dangi & Ors. Vs. State of Rajasthan & Ors.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
ORDER
S.B.CIVIL WRIT PETITION NO.3307/2010 Heera Lal Dangi & Ors. Vs. State of Rajasthan & Ors.
Date of order : 6.1.2015 HON'BLE MR.JUSTICE SANDEEP MEHTA Mr.TS Rathore, for the petitioners. Mr.Manish Patel, Dy.GC, for the respondents.
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1. The matter comes up on second stay application. With the consent of the learned counsel for the parties, the matter is heard finally.
2. Learned counsel for the parties state that the controversy involved in this case is covered by the judgment rendered by this Court in a bunch of writ petitions led by S.B.Civil Writ Petition No.1702/2010 titled as "Damodar Prasad & 73 Ors. Vs. State of Rajasthan & Ors." and this Court vide order dated 13.3.2014 disposed of the writ petitions directing the State Government to take a comprehensive fair policy decision in the matter and till the policy decision was taken, the interest of the 2 S.B.CIVIL WRIT PETITION NO.3307/2010 Heera Lal Dangi & Ors. Vs. State of Rajasthan & Ors. petitioners in the aforesaid writ petitions was safeguarded.
3. It will be relevant to mention here that in those writ petitions, there was a prayer of the respective petitioners to be continued in service on contractual basis and this Court directed the continuance of the respective petitioners till a policy decision was taken by the State Government. While deciding the matter, this Court noticed that the period of contract was already over in the aforesaid cases. Same is situation in the case at hand because the petitioners had also served in excess for a period of 5 years, which is the outer limit prescribed in the contract.
4. Thus, it is directed that if the petitioners so desire, they are given liberty to submit a representation to the concerned Authority for being continued on the post of Computer Assistant with Machine on contractual basis. Upon such a prayer being made, the authority shall consider the same and decide in light of the judgment rendered by this Court in Damodar Prasad's case (supra) by a reasoned speaking order.
5. Furthermore, the recovery of the alleged excess amount already paid to the petitioners shall not be effected till the State Government takes a policy decision in the light 3 S.B.CIVIL WRIT PETITION NO.3307/2010 Heera Lal Dangi & Ors. Vs. State of Rajasthan & Ors. of the judgment rendered by this Court in Damodar Prasad's case (supra).
6. With the aforesaid observations, the instant writ petition is disposed of.
7. Second stay application also stands disposed of.
8. No order as to costs.
(SANDEEP MEHTA), J.
/S.Phophaliya/