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[Cites 3, Cited by 12]

Rajasthan High Court - Jodhpur

Dalpat Singh & Ors vs State Of Raj. & Ors on 19 May, 2010

Bench: A.M.Sapre, Dinesh Maheshwari

                                1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  AT JODHPUR


                         :: ORDER ::


     D.B. CIVIL SPECIAL APPEAL (WRIT) NO.03992/2009
     Roshan Lal & Anr. Vs. The State of Rajasthan & Ors.
                         ....

     D.B. CIVIL SPECIAL APPEAL (WRIT) NO.04815/2009
     Ranu Mehta & Ors. Vs. The State of Rajasthan & Ors.
                         ....

     D.B. CIVIL SPECIAL APPEAL (WRIT) NO.04816/2009
  Nirmal Singh Rajora & Ors. Vs. The State of Rajasthan & Ors.
                            ....

    D.B. CIVIL SPECIAL APPEAL (WRIT) NO.04817/2009
    Mohd. Sharif & Ors. Vs. The State of Rajasthan & Ors.
                         ....

     D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05127/2009
 Jagdish Chandra Guwar & Ors. Vs. The State of Rajasthan & Ors.
                          ....

     D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05128/2009
     Satyanarayan & Ors. Vs. The State of Rajasthan & Ors.
                          ....

    D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05129/2009
 Prakashchand Meena & Anr. Vs. The State of Rajasthan & Ors.
                         ....

    D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05168/2009
  Narayan Lal Meena & Ors. Vs. The State of Rajasthan & Ors.
                          ....

     D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05191/2009
    Shiv Vikas Garg & Ors. Vs. The State of Rajasthan & Ors.
                           ....

     D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05326/2009
    Ladhu Lal Khatik & Ors. Vs. The State of Rajasthan & Ors.
                            ....

    D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05330/2009
    Vishnunath Yogi &Ors. Vs. The State of Rajasthan & Ors.
                          ....

    D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05568/2009
  Smt.Jyotsana Suthar & Anr. Vs. The State of Rajasthan & Ors.
                            ....

     D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05569/2009
     Khemraj Patel & Ors. Vs. The State of Rajasthan & Ors.
                           ....

     D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05626/2009
     Vinod Kumar & Ors. Vs. The State of Rajasthan & Ors.
                                 2


     D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05628/2009
  Miss.Minakshi Pareek & Ors. Vs. The State of Rajasthan & Ors.
                            ....

      D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05742/2009
    Smt.Maina Kanwar & Ors. Vs. The State of Rajasthan & Ors.
                           ....

      D.B. CIVIL SPECIAL APPEAL (WRIT) NO.06548/2009
     Lokesh Kumar & Ors. Vs. The State of Rajasthan & Ors.
                          ....

     D.B. CIVIL SPECIAL APPEAL (WRIT) NO.07876/2009
     Anupriya Vyas & Ors. Vs. The State of Rajasthan & Ors.
                          ....

      D.B. CIVIL SPECIAL APPEAL (WRIT) NO.07877/2009
        Maina Menaria    Vs. The State of Rajasthan & Ors.
                           ....

      D.B. CIVIL SPECIAL APPEAL (WRIT) NO.585/2009
        Udairaj & Ors.  Vs. The State of Rajasthan & Ors.
                           ....

     D.B. CIVIL SPECIAL APPEAL (WRIT) NO.613/2009
     Dalpat Singh & Ors. Vs. The State of Rajasthan & Ors.
                          ....

Dated ::    19th May 2010.

           HON'BLE MR.JUSTICE A.M.SAPRE
      HON'BLE MR. JUSTICE DINESH MAHESHWARI

Mr.S.Saruparia )
Dr.S.S.Jodha ) for the appellants.
                            .....

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.

The 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 3 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 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.

s.soni (DINESH MAHESHWARI),J. (A.M.SAPRE),J.

4

D.B. CIVIL SPECIAL APPEAL (WRIT) NO.04815/2009 Ranu Mehta & Ors. Vs. The State of Rajasthan & Ors.

....

Dated :: 19th 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.03992/2009: Roshan Lal & Anr. Vs. The State of Rajasthan & Ors.
      By Order                                By Order



    Court Master                            Court Master
                                 5


D.B. CIVIL SPECIAL APPEAL (WRIT) NO.04816/2009 Nirmal Singh Rajora & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 19th 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.03992/2009: Roshan Lal & Anr. Vs. The State of Rajasthan & Ors.
      By Order                                  By Order



    Court Master                              Court Master
                                6



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.04817/2009 Mohd. Sharif & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 19th 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.03992/2009: Roshan Lal & Anr. Vs. The State of Rajasthan & Ors.
      By Order                                 By Order



    Court Master                             Court Master
                                 7



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05127/2009 Jagdish Chandra Guwar & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 19th 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.03992/2009: Roshan Lal & Anr. Vs. The State of Rajasthan & Ors.
      By Order                                  By Order



    Court Master                              Court Master
                               8

D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05128/2009 Satyanarayan & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 19th 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.03992/2009: Roshan Lal & Anr. Vs. The State of Rajasthan & Ors.
      By Order                                By Order



    Court Master                            Court Master
                                 9



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05129/2009 Prakashchand Meena & Anr. Vs. The State of Rajasthan & Ors.
....
Dated :: 19th 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.03992/2009: Roshan Lal & Anr. Vs. The State of Rajasthan & Ors.
      By Order                                 By Order



    Court Master                             Court Master
                               10

D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05168/2009 Narayan Lal Meena & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 19th 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.03992/2009: Roshan Lal & Anr. Vs. The State of Rajasthan & Ors.
      By Order                                 By Order



    Court Master                             Court Master
                                11



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05191/2009 Shiv Vikas Garg & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 19th 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.03992/2009: Roshan Lal & Anr. Vs. The State of Rajasthan & Ors.
      By Order                                  By Order



    Court Master                              Court Master
                                 12



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05326/2009 Ladhu Lal Khatik & Ors. Vs. The State of Rajasthan & Ors.
Dated :: 19th 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.03992/2009: Roshan Lal & Anr. Vs. The State of Rajasthan & Ors.
      By Order                                   By Order



    Court Master                               Court Master
                                13

D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05330/2009 Vishnunath Yogi &Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 19th 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.03992/2009: Roshan Lal & Anr. Vs. The State of Rajasthan & Ors.
      By Order                                  By Order



    Court Master                              Court Master
                                14



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05568/2009 Smt.Jyotsana Suthar & Anr. Vs. The State of Rajasthan & Ors.
....
Dated :: 19th 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.03992/2009: Roshan Lal & Anr. Vs. The State of Rajasthan & Ors.
      By Order                                  By Order



    Court Master                              Court Master
                               15



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05569/2009 Khemraj Patel & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 19th 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.03992/2009: Roshan Lal & Anr. Vs. The State of Rajasthan & Ors.
      By Order                                 By Order



    Court Master                             Court Master
                                16



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05626/2009 Vinod Kumar & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 19th 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.03992/2009: Roshan Lal & Anr. Vs. The State of Rajasthan & Ors.
      By Order                                 By Order



    Court Master                             Court Master
                                17



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05628/2009 Miss.Minakshi Pareek & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 19th 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.03992/2009: Roshan Lal & Anr. Vs. The State of Rajasthan & Ors.
      By Order                                 By Order



    Court Master                             Court Master
                                18


D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05742/2009 Smt.Maina Kanwar & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 19th 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.03992/2009: Roshan Lal & Anr. Vs. The State of Rajasthan & Ors.
      By Order                                 By Order



    Court Master                             Court Master
                               19



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.06548/2009 Lokesh Kumar & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 19th 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.03992/2009: Roshan Lal & Anr. Vs. The State of Rajasthan & Ors.
      By Order                                By Order



    Court Master                            Court Master
                               20



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.07876/2009 Anupriya Vyas & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 19th 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.03992/2009: Roshan Lal & Anr. Vs. The State of Rajasthan & Ors.
      By Order                                 By Order



    Court Master                             Court Master
                                21



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.07877/2009 Maina Menaria Vs. The State of Rajasthan & Ors.
....
Dated :: 19th 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.03992/2009: Roshan Lal & Anr. Vs. The State of Rajasthan & Ors.
      By Order                                 By Order



    Court Master                             Court Master
                               22


D.B. CIVIL SPECIAL APPEAL (WRIT) NO.585/2009 Udairaj & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 19th 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.03992/2009: Roshan Lal & Anr. Vs. The State of Rajasthan & Ors.
      By Order                                 By Order



    Court Master                             Court Master
                               23



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.613/2009 Dalpat Singh & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 19th 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.03992/2009: Roshan Lal & Anr. Vs. The State of Rajasthan & Ors.
      By Order                                By Order



    Court Master                            Court Master