DBSAW NO.375/07. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. J U D G M E N T D.B. CIVIL SPECIAL APPEAL (WRIT) NO.375/2007. IN S.B. CIVIL WRIT PETITION NO.17/2000. Sanjay Kumar Bhaskar Vs. M.R.E.C. Society and ors. Date of Judgment:- February 25, 2008. QUORUM HON'BLE THE CHIEF JUSTICE SHRI NARAYAN ROY HON'BLE SHRI JUSTICE MOHAMMAD RAFIQ Shri R.D. Rastogi for the appellant. Shri Shantanu Sharma on behalf of Shri Sanjay Pareek for the respondents. ***** Heard learned counsel for the parties. This special appeal is directed against the order dated 13/10/2006 passed by the learned Single Judge of this Court in S.B. Civil Writ Petition No.17/2000 whereunder, the writ application was dismissed. From the material on record, it appears that appellant was engaged as Computer Operator in the year 1996 in Malviya National Institute of Technology, Jaipur on contractual basis for a period upto 31/12/1999. The appellant however approached this Court in writ jurisdiction and prayed DBSAW NO.375/07. 2 for an interim-relief. This Court vide order dated 23/12/1999 directed for maintenance of status-quo. Consequently thereof, the appellant continued to work as Computer Operator. The interim-order of stay however was vacated on 26/2/2004 and the writ application was dismissed on 13/10/2006, meaning thereby that after vacation of the interim-order of stay, appellant stood terminated on 26/2/2004 itself. Learned counsel appearing for the appellant submitted that since the appellant had continued to serve till 26/2/2004, he could not have been terminated even when the posts were lying vacant. It is further contended that similarly situated persons who were also engaged on the same conditions however were allowed to continue in service by virtue of orders passed by this Court in several special appeals being D.B. Civil Special Appeal (Writ) No.358/2001 and analogous cases. It is undisputed that the appellant was engaged on contractual basis and after vacation of the interim-order passed by this Court, he stood terminated w.e.f. 26/2/2004. This is also not in dispute that the persons who were re-engaged by the same institute are DBSAW NO.375/07. 3 not similarly situated as at no point of time they were out of job rather, it appears that they were continuing on the post as such till passing of the orders by this Court. In the given facts and circumstances of the case and noticing the fact that the appellant is out of engagement w.e.f. 26/2/2004, it would be too late for this Court to direct the authorities concerned to re-engage him on the same post. The posts in public offices are filled up through advertisement and in case such posts are lying vacant, same would be advertised where the appellant may also apply for the post aforesaid for fresh consideration. Faced with this situation and the circumstances aforementioned, we do not find any merit in this special appeal. It is accordingly dismissed. (MOHAMMAD RAFIQ), J. (NARAYAN ROY), CJ. anil