CW 3019/09 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.3019/09 Rakesh Kumar Baser & Anr. Versus State & Ors. DATE OF ORDER : 04/12/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. P.C. Sharma, for petitioner Mr. Dinesh Yadav, AAG, for respondents *** It has not been disputed that controversy raised in the instant petition has been decided by Co-ordinate Bench of this Court in CWP No.5238/09 along with other connect matters, on 22nd May, 2009. Relevant Para 16 whereof is reproduced hereunder: “(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. (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 CW 3019/09 [2] 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.” In the light of judgment referred to supra, present writ petition stands disposed of. [AJAY RASTOGI], J. FRBOHRA3019CW09 4-12.doc