Rajasthan High Court - Jodhpur
Mewa Ram & Ors vs State & Ors on 22 May, 2009
Author: Prakash Tatia
Bench: Prakash Tatia
S.B. CIVIL WRIT PETITION NO. 3025/09
(Heera Singh Chouhan & Ors. Vs. State of Raj.
& Ors. and connected matters.
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
JUDGMENT
S.B. Civil Writ Petition HEERA SINGH CHOUHAN Vs. STATE
1
No. 3025/2009 OF RAJ. & ORS
S.B. Civil Writ Petition MISS MALI & ORS Vs. STATE OF RAJ. &
2
No. 4131/2009 ORS
S.B. Civil Writ Petition BALVINDER SINGH & ANR. Vs. STATE &
3
No. 5075/2009 ANR.
S.B. Civil Writ Petition RAMU RAM & ANR. Vs. STATE OF RAJ.
4
No. 5121/2009 & ORS.
S.B. Civil Writ Petition BHANWAR LAL & ORS Vs. STATE OF
5
No.5149/2009 RAJ. & ORS.
S.B. Civil Writ Petition
6 DEVI LAL Vs. STATE OF RAJ. & ORS.
No. 5184/2009
S.B. Civil Writ Petition RANA RAM & ANR. Vs. STATE OF RAJ.
7
No.5185/2009 & ORS
S.B. Civil Writ Petition MADHURI VYAS & ORS Vs. STATE OF
8
No. 5193 /2009 RAJ. & ORS
S.B. Civil Writ Petition
9 KHEEMA Vs. STATE OF RAJ. & ORS
No. 5209/2009
S.B. Civil Writ Petition PANNA LAL & ORS. Vs. STATE OF RAJ.
10
No. 5210/2009 & ORS
S.B. CIVIL WRIT PETITION NO. 3025/09
(Heera Singh Chouhan & Ors. Vs. State of Raj.
& Ors. and connected matters.
2
S.B. Civil Writ Petition NIMBA RAM & ANR. Vs. STATE OF
11
No. 5211/2009 RAJ. & ORS
S.B. Civil Writ Petition GOVIND PATIDER Vs. STATE OF RAJ.
12
No. 4088/2009 & ORS
S.B. Civil Writ Petition KARNI SINGH & ORS Vs. STATE OF
13
No. 4287/2009 RAJ. & ORS
S.B. Civil Writ Petition VIKRAM SINGH Vs. STATE OF RAJ. &
14
No. 5170/2009 ORS
S.B. Civil Writ Petition SHANKER LAL & ANR. Vs. STATE OF
15
No. 5171/2009 RAJ. & ORS
S.B. Civil Writ Petition GEETA CHOUDHARY Vs. STATE OF
16
No. 5224/2009 RAJ. & ORS
S.B. Civil Writ Petition KISHNA RAM & ORS. Vs. STATE OF
17
No. 5225/2009 RAJ. & ORS
S.B. Civil Writ Petition RANJANA SONI & ORS Vs. STATE OF
18
No. 5240/2009 RAJ. & ORS.
S.B. Civil Writ Petition HEMRAJ & ORS Vs. STATE OF RAJ.
19
No. 5242/2009 & ORS.
S.B. Civil Writ Petition DIGAMBER DIVYA Vs. STATE OF RAJ.
20
No. 5244/2009 & ORS
S.B. Civil Writ Petition
21 VINOD KUMAR Vs. STAT E & ORS
No.5254/2009
S.B. Civil Writ Petition
22 SMT. GAINI Vs. STAT E & ORS
No. 5255/2009
S.B. Civil Writ Petition
23 BANSHI LAL & ORS. Vs. STAT E & ORS
No. 5259/2009
S.B. CIVIL WRIT PETITION NO. 3025/09
(Heera Singh Chouhan & Ors. Vs. State of Raj.
& Ors. and connected matters.
3
S.B. Civil Writ Petition CHANDRA MOLI & ORS. Vs. STAT E &
24
No. 5260/2009 ORS
S.B. Civil Writ Petition
25 MADAN SINGH VS. STATE & ORS
No. 5261/2009
S.B. Civil Writ Petition NILOFAR BANO & ORS. Vs. STAT E &
26
No. 5266/2009 ORS
S.B. Civil Writ Petition
27 MEWA RAM & ORS. Vs. STATE & ORS.
No. 5284/2009
Date of Order:- May 22 ,2009.
PRESENT
HON'BLE MR. JUSTICE PRAKASH TATIA.
Servashri NR Choudhary, RS Charan, DL Rawla, PS Chundawat,
Sajjan Singh, Awar Dan Charan, Ashu Ram, Manoj Bohra,
Parikshit Nayak, Subhash Kachhawaha, Dinesh Gehlot, Parikshit
Nayak, Inderjeet Yadav, PS Chundawat, KC Choudhary, KL
Bishnoi, Govind Suthar, RP Singaria, Ramdev Potalia, IR
Choudhary, DS Udawat, RS Saluja, S. Saruparia, PS Bhati,for the
petitioners.
Mr. RL Jangid, Addl. Advocate General with Mr.Rajesh Bhati for
the respondent-the State.
S.B. CIVIL WRIT PETITION NO. 3025/09
(Heera Singh Chouhan & Ors. Vs. State of Raj.
& Ors. and connected matters.
4
BY THE COURT:
In view of the judgment of this Court delivered in S.B.Civil Writ Petition No.2579/09-Devendra Kumar & ors. v. The State & ors. and 502 connected matters decided on 15.5.2009 and in view of the judgment delivered by the Jaipur Bench of this Court in S.B.Civil Writ Petition No.4652/09 and connected 632 writ petitions dated 8.5.2009, these writ petitions are also allowed in the following terms:-
I. During continuation of the work, as detailed out hereinabove, the invocation of the last extension is arbitrary and illegal; and the consequential automatic termination orders of the petitioners are set aside.
II. The RPSC/DPC selected candidates/employees are still not available and next academic sessions is about to start; even urgent temporary appointments under Rule 28 of the Rules of 1971 are not possible S.B. CIVIL WRIT PETITION NO. 3025/09 (Heera Singh Chouhan & Ors. Vs. State of Raj.
& Ors. and connected matters.5
due to short span of one month and a half left to start with the process of admission and academic session, therefore, as per the aims and objects of the Scheme, respondents are directed to consider the cases of the petitioners for continuation in service till regularly selected candidates from RPSC/persons selected and recommended by the DPC for promotion are made available in the light of the above observations;
III. Even in case of appropriate order of continuation in service till regularly selected candidates from RPSC/DPC selected persons are available, the petitioners are not entitled for wages of the vacations, in other words, when the schools are closed.
IV. In case the regularly selected candidates from RPSC/persons selected and recommended by the DPC for promotion are made available, then the respondents can terminate services of the petitioners after preparation of the seniority list on the State level as per their date of appointment and merit assigned to them, by following the principle of S.B. CIVIL WRIT PETITION NO. 3025/09 (Heera Singh Chouhan & Ors. Vs. State of Raj.
& Ors. and connected matters.6
'last come first go' to the extent of availability of the selected candidates and while doing so, the respondents will keep the interest of the present students and prospective students in view."
(PRAKASH TATIA),J.
aarti