Smt. Kiran Saharan & Anr vs State Of Raj. & Ors on 17 December, 2009

            S.B. CIVIL WRIT PETITION NO.10174/2009


DATE OF ORDER                  :            17.12.2009.


                 HON'BLE MR. GOVIND MATHUR, J.

Mr. Rakesh Matoria, for the petitioners.
Mr. R.L. Jangid, Addl. Advocate General.

Counsel for the petitioners states that matters having

involved similar issue has already been decided by this Court.

Issue notice to the respondents.

Mr. R.L. Jangid, learned Additional Advocate General

accepts notice on behalf of the respondents.

Looking to the fact that the controversy involved in this

petition for writ is no more res integra, this petition for writ is

heard finally and disposed of in terms of the judgment of this

Court at Jaipur in S.B.C.W.P. No.4652/2009 with following

order:-

(1)- The automatic termination orders of the

petitioner/s are set aside. The respondents are

directed to continue the petitioner/s in service till

regularly selected candidates by regular mode of

recruitment are made available;

(2)- The petitioner/s shall not be entitled for wages

relating to the period of vacations; and
(3)- On availability of the selected candidates by

regular mode of recruitment, may that be by

direct recruitment or by way of promotion, it shall

be open for the respondents to terminate the

Vidhyarthi Mitras by adhering the principles of

“last come first go”, by determining their

seniority at State level.

(GOVIND MATHUR)J.

rm/