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[Cites 3, Cited by 24]

Rajasthan High Court - Jodhpur

Lata Regar & Ors vs State & Ors on 21 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.03991/2009
  Kuldeep Menaria & Ors. Vs. The State of Rajasthan & Ors.
                            ....

       D.B. CIVIL SPECIAL APPEAL (WRIT) NO.04044/2009
  Inderjeet Khileri & Ors. Vs. The State of Rajasthan & Ors.
                             ....

      D.B. CIVIL SPECIAL APPEAL (WRIT) NO.04163/2009
 Rafeek Mohammed & Ors. Vs. The State of Rajasthan & Ors.
                           ....

      D.B. CIVIL SPECIAL APPEAL (WRIT) NO.04164/2009
Narbada Shankar Joshi & Ors. Vs. The State of Rajasthan & Ors.
                             ....

       D.B. CIVIL SPECIAL APPEAL (WRIT) NO.04818/2009
Suresh Chandra Regar & Ors. Vs. The State of Rajasthan & Ors.
                            ....

      D.B. CIVIL SPECIAL APPEAL (WRIT) NO.04819/2009
    Sumitra Kanwar    Vs. The State of Rajasthan & Ors.
                           ....

      D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05143/2009
  Nanu Ram Meena & Ors. Vs. The State of Rajasthan & Ors.
                           ....

      D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05190/2009
    Prabhu Lal & Ors.  Vs. The State of Rajasthan & Ors.
                           ....

      D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05325/2009
  Nathu Lal Meena & Ors. Vs. The State of Rajasthan & Ors.
                            ....

       D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05342/2009
       Ratan & Ors. Vs. The State of Rajasthan & Ors.
                           ....

       D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05343/2009
   Kalu Nath Yogi & Ors.. Vs. The State of Rajasthan & Ors.
                             ....

     D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05359/2009
 Rakesh Choudhary & Ors. Vs. The State of Rajasthan & Ors.
                           ....

       D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05563/2009
  Sunil Kumar Joshi & Ors. Vs. The State of Rajasthan & Ors.
                              ....

      D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05564/2009
   Rajmal Meena & Ors. Vs. The State of Rajasthan & Ors.
                                 2


      D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05570/2009
  Sandeep Kumar Meena & Ors. Vs. The State of Rajasthan & Ors.
                          ....

      D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05571/2009
      Bharat Kumar Vs. The State of Rajasthan & Ors.
                          ....

      D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05576/2009
     Rajkumar & Ors. Vs. The State of Rajasthan & Ors.
                           ....

      D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05627/2009
   Sanjay Kumar & Ors. Vs. The State of Rajasthan & Ors.
                           ....

      D.B. CIVIL SPECIAL APPEAL (WRIT) NO.06113/2009
     Gopal Lal & Ors. Vs. The State of Rajasthan & Ors.
                           ....

      D.B. CIVIL SPECIAL APPEAL (WRIT) NO.07777/2009
     Mangi Lal & Ors. Vs. The State of Rajasthan & Ors.
                           ....

      D.B. CIVIL SPECIAL APPEAL (WRIT) NO.07832/2009
    Lata Regar & Ors. Vs. The State of Rajasthan & Ors.
                           ....

      D.B. CIVIL SPECIAL APPEAL (WRIT) NO.07834/2009
 Smt.Anita Jhanwar & Ors. Vs. The State of Rajasthan & Ors.
                           ....

     D.B. CIVIL SPECIAL APPEAL (WRIT) NO.07839/2009
Ramchandra Meghwal & Ors. Vs. The State of Rajasthan & Ors.
                          ....



Dated ::     21st May 2010.



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


Mr.S.Saruparia, 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.

3

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 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.

4

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.

MK (DINESH MAHESHWARI),J. (A.M.SAPRE),J.

5

D.B. CIVIL SPECIAL APPEAL (WRIT) NO.04044/2009 Inderjeet Khileri & Ors. Vs. The State of Rajasthan & Ors.

....

Dated :: 21st 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.03991/2009: Kuldeep Menaria & Ors. Vs. The State of Rajasthan & Ors.
      By Order                                   By Order



    Court Master                               Court Master
                                6




D.B. CIVIL SPECIAL APPEAL (WRIT) NO.04163/2009 Rafeek Mohammed & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 21st 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.03991/2009: Kuldeep Menaria & Ors. Vs. The State of Rajasthan & Ors.
      By Order                                 By Order



 Court Master                               Court Master
                                  7




D.B. CIVIL SPECIAL APPEAL (WRIT) NO.04164/2009 Narbada Shankar Joshi & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 21st 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.03991/2009: Kuldeep Menaria & Ors. Vs. The State of Rajasthan & Ors.
       By Order                                   By Order



 Court Master                                  Court Master
                                  8



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.04818/2009 Suresh Chandra Regar & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 21st 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.03991/2009: Kuldeep Menaria & Ors. Vs. The State of Rajasthan & Ors.
       By Order                                  By Order



     Court Master                              Court Master
                                9



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.04819/2009 Sumitra Kanwar Vs. The State of Rajasthan & Ors.
....
Dated :: 21st 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.03991/2009: Kuldeep Menaria & Ors. Vs. The State of Rajasthan & Ors.
      By Order                                 By Order



    Court Master                             Court Master
                               10


D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05143/2009 Nanu Ram Meena & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 21st 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.03991/2009: Kuldeep Menaria & Ors. Vs. The State of Rajasthan & Ors.
      By Order                                By Order



    Court Master                            Court Master
                               11




D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05190/2009 Prabhu Lal & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 21st 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.03991/2009: Kuldeep Menaria & Ors. Vs. The State of Rajasthan & Ors.
      By Order                                 By Order



    Court Master                             Court Master
                                 12



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05325/2009 Nathu Lal Meena & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 21st 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.03991/2009: Kuldeep Menaria & Ors. Vs. The State of Rajasthan & Ors.
      By Order                                  By Order



    Court Master                              Court Master
                             13



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05342/2009 Ratan & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 21st 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.03991/2009: Kuldeep Menaria & Ors. Vs. The State of Rajasthan & Ors.
      By Order                             By Order



    Court Master                         Court Master
                                 14



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05343/2009 Kalu Nath Yogi & Ors.. Vs. The State of Rajasthan & Ors.
....
Dated :: 21st 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.03991/2009: Kuldeep Menaria & Ors. Vs. The State of Rajasthan & Ors.
      By Order                                   By Order



    Court Master                               Court Master
                                15

D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05359/2009 Rakesh Choudhary & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 21st 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.03991/2009: Kuldeep Menaria & Ors. Vs. The State of Rajasthan & Ors.
      By Order                                  By Order



    Court Master                              Court Master
                                 16



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05563/2009 Sunil Kumar Joshi & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 21st 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.03991/2009: Kuldeep Menaria & Ors. Vs. The State of Rajasthan & Ors.
      By Order                                   By Order



    Court Master                               Court Master
                                17



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05564/2009 Rajmal Meena & Ors. Vs. The State of Rajasthan & Ors.
Dated :: 21st 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.03991/2009: Kuldeep Menaria & Ors. Vs. The State of Rajasthan & Ors.
      By Order                                 By Order



    Court Master                             Court Master
                                18

D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05570/2009 Sandeep Kumar & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 21st 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.03991/2009: Kuldeep Menaria & Ors. Vs. The State of Rajasthan & Ors.
      By Order                                 By Order



    Court Master                             Court Master
                              19



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05571/2009 Bharat Kumar Vs. The State of Rajasthan & Ors.
....
Dated :: 21st 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.03991/2009: Kuldeep Menaria & Ors. Vs. The State of Rajasthan & Ors.
      By Order                              By Order



    Court Master                          Court Master
                               20



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05576/2009 Rajkumar & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 21st 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.03991/2009: Kuldeep Menaria & Ors. Vs. The State of Rajasthan & Ors.
      By Order                                By Order



    Court Master                            Court Master
                                21



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.05627/2009 Sanjay Kumar & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 21st 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.03991/2009: Kuldeep Menaria & Ors. Vs. The State of Rajasthan & Ors.
      By Order                                 By Order



    Court Master                             Court Master
                                22



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.06113/2009 Gopal Lal & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 21st 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.03991/2009: Kuldeep Menaria & Ors. Vs. The State of Rajasthan & Ors.
      By Order                                 By Order



    Court Master                             Court Master
                               23

D.B. CIVIL SPECIAL APPEAL (WRIT) NO.07777/2009 Mangi Lal & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 21st 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.03991/2009: Kuldeep Menaria & Ors. Vs. The State of Rajasthan & Ors.
      By Order                                 By Order



    Court Master                             Court Master
                               24



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.07832/2009 Lata Regar & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 21st 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.03991/2009: Kuldeep Menaria & Ors. Vs. The State of Rajasthan & Ors.
      By Order                                 By Order



    Court Master                             Court Master
                                 25



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.07834/2009 Smt.Anita Jhanwar & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 21st 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.03991/2009: Kuldeep Menaria & Ors. Vs. The State of Rajasthan & Ors.
      By Order                                  By Order



    Court Master                              Court Master
                                26



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.07839/2009 Ramchandra Meghwal & Ors. Vs. The State of Rajasthan & Ors.
....
Dated :: 21st 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.03991/2009: Kuldeep Menaria & Ors. Vs. The State of Rajasthan & Ors.
      By Order                                 By Order



     Court Master                            Court Master
                               27



D.B. CIVIL SPECIAL APPEAL (WRIT) NO.04040/2009 Manoj Kumar Vs. The State of Rajasthan & Ors.
....
Dated :: 21st May 2010.
HON'BLE MR.JUSTICE A.M.SAPRE HON'BLE MR. JUSTICE DINESH MAHESHWARI .....
BY THE COURT:
Today, this matter is wrongly listed as this appeal has already been dismissed by the order dated 03.05.2010 passed by this Court.
B.O.                                             B.O.




COURT MASTER                               COURT MASTER