HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5745/2018 [ENTITY] Petitioner Versus [ENTITY] & Ors. Respondents Connected With S.B. Civil Writ Petition No. 5904/2018 [ENTITY] Petitioner Versus [ENTITY] & Ors. Respondents S.B. Civil Writ Petition No. 5923/2018 [ENTITY] Petitioner Versus [ENTITY] & Ors. Respondents S.B. Civil Writ Petition No. 5924/2018 [ENTITY] Petitioner Versus [ENTITY] & Ors. Respondents S.B. Civil Writ Petition No. 5929/2018 [ENTITY] Petitioner Versus [ENTITY] & Ors. Respondents S.B. Civil Writ Petition No. 5930/2018 [ENTITY] Petitioner Versus [ENTITY] & Ors. Respondents S.B. Civil Writ Petition No. 5936/2018 Harish Choudhary Petitioner Versus [ENTITY] & Ors. Respondents ([CASE NUMBER] has been filed in this matter. Please refer the same for further orders) (Downloaded on 05/06/2021 at 04:00:02 PM) (2 of 5) S.B. Civil Writ Petition No. 5937/2018 Hemraj Gurjar Petitioner Versus [ENTITY] & Ors. Respondents S.B. Civil Writ Petition No. 5973/2018 Jugal Bhatt Petitioner Versus [ENTITY] & Ors. Respondents For Petitioner(s) : Mr. [ENTITY]. Mr. [ENTITY]. For Respondent(s) : Ms. [ENTITY] for Mr. [ENTITY], AAG. HON'BLE MR. JUSTICE [ENTITY]
Order 30/10/2019 These matters come-up on applications filed by the respondents under [SECTION] of the [ACT] seeking vacation of interim orders dated 24.04.2018 and 27.04.2018 in respective writ petitions, whereby it was ordered that the services of the petitioners shall be continued.
The petitioners were employed as 'man with machine' on contractual basis in the offices of Additional Public Prosecutor ('APP')/other offices for the stipulated period or till recruitment takes place on the post, whichever is earlier. The contract was extended from time to time with similar stipulation.
It is indicated that in the year 2017, posts of Clerk Grade-II were sanctioned by the [ENTITY] Government in the offices of APP and by order dated 09.04.2018, persons, who were recruited on ([CASE NUMBER] has been filed in this matter. Please refer the same for further orders) (3 of 5) the post of Clerk Grade-II pursuant to the Recruitment-2013, were posted in the offices of APPs/other offices, where the petitioners were working, resulting in, consequential termination of services of the petitioners, which termination was put in question.
Learned counsel for the respondent-[ENTITY] made submissions that the stipulation in the order of appointment has been specific and once the regularly selected candidates are available and posted at the offices, on account of the interim order granted by the Court, the respondents are required to pay double salary for the same posts and, therefore, the interim orders granted by this Court, deserves to be vacated.
Learned counsel for the petitioners though accepted the position that the employment of the petitioners, is contractual in nature with the stipulation that on availability of regularly selected candidates, their services would come to an end, however, based on the judgments in [ENTITY] & Ors. v. Haryana [ENTITY] Electricity Board & Ors.: (1996) 4 SCC 319 and [ENTITY] & Ors. v. Chairman, Banking Service Recruitment Board & Ors.: AIR 1996 SC 976, attempted to make submissions that the recruitments, which have taken place vide Recruitment-2013, the incumbents selected in the said recruitment in the year 2018, cannot be appointed by the respondents on the posts, which were created after the year 2013 i.e. in the year 2017-18 and, therefore, the postings made by the respondents in the offices of APPs/other offices, cannot be termed as regular appointments so as to trigger the stipulation indicated in the orders of employment regarding termination of petitioners' services on appointment of regularly selected candidates.
([CASE NUMBER] has been filed in this matter. Please refer the same for further orders) (4 of 5) The substance of judgments in the case of [ENTITY] (supra) and [ENTITY] (supra) is that appointments, cannot be made by the respondents against future vacancies and the recruitment has to be confined to the number of posts advertised.
In the entire petitions, it is not the case of the petitioners that the respondents have recruited more persons than what was advertised in the year 2013 by the RPSC. In fact, the petitions are totally silent on the said aspect except for indications that posts created in the year 2017-18 have been filled from incumbents from recruitment, which was initiated in the year 2013 and concluded in the year 2018. As such the ratio of the judgments in the case of [ENTITY] (supra) and [ENTITY] (supra), has no application to the facts of the present case.
Once the recruitment has taken place for the post of Clerk Grade-II by the respondents, it is well within the powers of the respondents to accord postings at a particular place and once the postings have been accorded at the places where the petitioners are working, the consequences as indicated in the orders of employment are bound to follow.
By way of reply to the application under [SECTION] of the [ACT], the petitioners have sought to contend that the [ENTITY] by way of a circular dated 08.05.2019, has started collecting data for the purpose of regularizing the contractual employees and in case the interim orders are vacated, the petitioners will lose out on that.
Insofar as the said aspect is concerned, merely because the [ENTITY] in exploring the aspect pertaining to regularization of ([CASE NUMBER] has been filed in this matter. Please refer the same for further orders) (5 of 5) contractual employees, the petitioners cannot seek to continue on the positions on the said count.
Another aspect has been raised that the petitioners have not been paid salary, which submissions if correct, the action on part of the respondents, cannot be countenanced.
In view of the above discussion, the applications filed by the respondents under [SECTION] of the [ACT], are allowed. The interim orders granted by the Court on 24.04.2018 and 27.04.2018 in respective writ petitions shall stand vacated and the stay applications shall stand dismissed.
The outstanding salary of the petitioners, if any, shall be paid to them within a period of three weeks from the date of this order.
([ENTITY] 67to75-PKS/-
Except 66 and 76 ([CASE NUMBER] has been filed in this matter. Please refer the same for further orders) Powered by [ACT] (www.tcpdf.org)