1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. ORDER (1) S.B. Civil Writ Petition No. 9803/2009 Arvind Kumar & Ors vs. State of Raj. & ors. (2) S.B. Civil Writ Petition No. 9836/2009 Om Prakash Puner & Ors vs. State of Raj. & ors. (3) S.B. Civil Writ Petition No. 9851/2009 Mana Ram & ors. vs. State of Raj. & ors. Date of Order:- 14.10.2009 PRESENT HON'BLE MR.JUSTICE PRAKASH TATIA Servashri PP Choudhary, AR Godara and VR Choudahry for the petitioners. Mr. Rajesh Bhati for Mr. RL Jangid, Addl. Advocate General for the State of Raj. ... The learned counsels for the petitioners submits that they have already supplied the copy of the writ petition to Shri R.L.Jagdid, Addl. Advocate General. The learned counsel for the parties submit that the issue raised in this writ petition has already been decided on 15.5.2009 by this Court in S.B. Civil Writ Petition No.2579/2009-Devendra Kumar & ors. v. State of Raj. & 2 ors and other connected writ petition, therefore, these writ petitions may also be disposed of in the light of the directions given in the above referred decision. Therefore, these writ petitions are also disposed of with the same directions as given in the said decision which are as under:- 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 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, 3 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 '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 cpgoyal/- 4 S.B. CIVIL WRIT PETITION NO.______/2009 DATE OF ORDER : 14.10.2009 HON'BLE MR.JUSTICE PRAKASH TATIA Servashri PP Choudhary, AR Godara and VR Choudahry for the petitioners. Mr. Rajesh Bhati for Mr. RL Jangid, Addl. Advocate General for the State of Raj. :::: This writ petition is allowed (see separate order in S.B. Civil Writ Petition No. 9803/2009- Arvind Kumar & Ors vs. State of Raj. & ors.) decided today itself i.e., 14.10.2009 By order Court Mater Court No.5