S.B. Civil Writ Petition No.9671/2009
Shiv Prakash Purohit.
vs.
State of Rajathan & Ors.
Date : 12.10.2009
HON'BLE MR. PRAKASH TATIA, J.
Mr.Rajesh Choudhary, for the petitioner.
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Heard learned counsel for the petitioner.
According to the petitioner himself, he was
appointed as Vidhyarthi Mitra in the month of
September, 2007 and he worked upto April, 2008.
The petitioner admittedly was not the person
holding the post of Vidhyarthi Mitra when the
judgment in SB Civil Writ Petition No.4652/2009
deciding 632 connected writ petitions vide
judgment dated 8.5.2009 was passed by this Court.
By that judgment, it has been held that automatic
termination orders of the petitioners are set
aside and the respondents were directed to
continue the petitioners in service till regularly
selected candidates by regular mode of recruitment
are made available.
The petitioner’s contention is that since he
worked as Vidhyarthi Mitra in the year 2007-2008
and even when he was not a person holding the post
of Vidhyarthi Mitra, yet he was entitled to
continuation by virtue of the order passed in said
SBCWP No.4652/2009.
The writ petitioners who were already in
service and sought to be removed by another set of
ad-hoc appointees, then they have been granted
relief that they cannot be removed till regular
set of candidates by regular mode of appointment
are available.
The petitioner who was not in service cannot
take the benefit of judgment rendered in SBCWP
No.4652/2009 for getting appointment under the
garb of continuation of service with those persons
who were already in service in the year 2008-2009
and, therefore, the petitioner was not entitled to
any relief.
In view of the above reasons, this writ
petition, having no merits, is hereby dismissed.
(PRAKASH TATIA), J.
S.Phophaliya