Rajasthan High Court - Jaipur
Dr Virendra Saxena &Ors; vs State Of Raj And Ors on 2 May, 2016
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No. 5532/2016 Dr. Virendra Saxena & Ors. Vs. State of Raj. & Ors. Date of Order: 02.05.2016 HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA Mr. Praveen Sharma, for the petitioners.
**** Learned counsel for the petitioners submits that the controversy raised herein, in the instant writ application, is no more res-integra in view of the opinion of a Coordinate Bench of this Court in S.B. Civil Writ Petition No.6031/2014 (Dr. Bhanwar Lal Jat Vs. State of Rajasthan & Ors., decided on 29th May, 2014, holding thus:
"1. that the practice of the respondents in obtaining undertaking from the Substitute Lecturers/Teachers not to claim remuneration for summer vacation is declared illegal and unconstitutional;
2. that the petitioners shall be entitled to remuneration at the minimum of the pay scale, otherwise payable to substantive Lecturers/Teachers, even for the period of summer vacations;
3. that engagement of substitute Lecturers/Teachers shall be made for full duration of the research fellowship awarded to substantive Lecturers/Teachers in whose vacancies they are engaged;
4. that the arrears payable consequent upon implementation of this judgment, shall be reimbursed to State Government after it has made such payment by the UGC;
5. that the respondent State shall pursuant to the order, pay unpaid salary of summer vacations to the petitioners within a period of two months from the date a copy of this judgment is produced before them."
In view of the limited prayer addressed, the writ proceedings are closed with a direction to the petitioners to address a comprehensive representation enclosing with a copy of the judgment/order in the case of Dr. Bhanwar Lal Jat (supra), within two weeks hereinafter.
In case, a representation is so received along with a ceritified copy of this order within the period aforesaid; the State-respondents are directed to decide the same by a speaking and reasoned order as expeditiously as possible.
However, in no case later than four weeks from the date of receipt of representation along with a certified copy of this order.
With the directions aforesaid, the writ application is disposed off.
(VEERENDR SINGH SIRADHANA),J.
Sunil/Pcg 290 All corrections made in judgment/order have been incorporated in the judgment/order being emailed. P.C.Gupta, P.S.