1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.4707/2010 Ms. Dr. Jolly Bhandari vs. State & Ors. Date of order : 7/4/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Smt. Suman Sharma for the petitioner. ****** Contention of learned counsel for the petitioner is that even though as per the judgement of this Court dated 22.5.09 passed in S.B. Civil Writ Petition No.2524/2009 and other connected writ petitions, the petitioner was required to be continued in service till the continuation of the leave of the person in whose vacancy, she was engaged, but the respondents by passing order dated 28.7.2009 although reappointed the petitioner on temporary / contractual basis but only upto 30.4.2010 or till the return of the Lecturer from leave whichever was early, as a result of this order, the petitioner would be again discontinued on 30.4.2010. Learned counsel invited attention of the Court towards para 16 of the judgement referred to above in which the termination of the petitioner during the continuation of the vacancy was held arbitrary and the respondents are directed to recontinue them in service and consider their names for engagement in the next academic session on 2 priority basis. Upon hearing the learned counsel for the petitioner and on perusing the material on record, I find that if the leave vacancy continues to be available with the respondents, there is no reason why she could not be continued till availability of such vacancy in view of the aforesaid judgment. The issue has already been decided and contested between the parties by conceding the judgment of this Court, which could not be reopened by the respondents. In view of the observations made in the aforesaid judgement, instead of directly entertaining the writ petition, I require the petitioner to make a representation which the respondents shall decide within 2 weeks from the date of its making and preferably before 30.4.2010 on the question of continuation of her engagement subject of course to availability of leave vacancy and appropriate orders passed on such a representation, shall be conveyed to the petitioner. The writ petition is accordingly disposed of. (MOHAMMAD RAFIQ), J. RS/