CW 8706/09 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH [1] S.B. Civil Writ Petition No.8706/09 Dr. Saroj Meena & Ors. Versus State & Ors. [2] S.B. Civil Writ Petition No.8787/09 Preeti Saxena & Ors. Versus State & Ors. [3] S.B. Civil Writ Petition No.8788/09 Ved Prakash Dhakar & Anr. Versus Commissioner, College Education & Ors. DATE OF ORDER : 19/08/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Sudhir Jain, for petitioners Mr. Dinesh Yadav, AAG, for respondents *** Counsel submits that issue raised in the instant petitions has been decided by Co-ordinate Bench of this Court in CWP-5238/09 & other cognate matters, on 22nd May, 2009 and so also by subsequent judgment of this court in CWP-2482/09 along with cognate matters, decided on 1st July, 2009. This Court has made the following observations: “(16) In the result, all the aforesaid writ petitions are disposed of in the following manner - (i)Point No.5 of the undertaking about not availing of legal remedy for continuation of appointment; furnishing of the same on free will and without there being any undue pressure and in full consciousness without there being any influence of intoxication is declared illegal being violative of Articles 14 and 16 of the Constitution of India. CW 8706/09 [2] (ii)The termination of the petitioners contract during the continuance of the vacancies is held arbitrary and illegal; (iii)The respondents are restrained from appointing substitute College Lecturers for the session 2009-2010 against the vacancies on which the petitioners were appointed. (iv)As regards, continuation of the services of the petitioners after re- opening of the Colleges from 1.7.2009, the respondents are directed to consider the claim of the respective petitioners on priority basis for the session 2009-2010 and pass appropriate orders. (v)The petitioners shall not be entitled to the fixed amount as referred in the appointment letter for the period of closure of the respective colleges for summer vacations and further, they are entitled to the fixed amount from the date of their joining as per the order of continuation/fresh appointment in case it is given in the next academic session 2009- 2010 in the light of the observations made hereinabove.” This is not disputed by counsel for respondents also. However, he submits that State Government has preferred special appeal against the judgment referred to supra. Consequently, all the three writ petitions stand disposed of in terms of Para 16 of the judgment referred to supra. No costs. [AJAY RASTOGI], J. FRBOHRA8706CW09 19-8.doc