1 S/1–S/7 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. (1) D.B. CIVIL SPECIAL APPEAL (W) NO. 973/2008. Umesh Chand & Anr. Vs. The State of Rajasthan & Ors. ... (2) D.B. CIVIL SPECIAL APPEAL (W) NO. 597/2007. Yogendra Kumar Chaturvedi & Ors. Vs. The State of Rajasthan & Ors. ... (3) D.B. CIVIL SPECIAL APPEAL (W) NO. 598/2007. Narendra Kumar Sharma & Ors. Vs. The State of Rajasthan & Ors. ... (4) D.B. CIVIL SPECIAL APPEAL (W) NO. 616/2007. Laxmi Narayan & Anr. Vs. The State of Rajasthan & Ors. ... (5) D.B. CIVIL SPECIAL APPEAL (W) NO. 617/2007. Om Prakash Pathak Vs. The State of Rajasthan & Ors. ... (6) D.B. CIVIL SPECIAL APPEAL (W) NO. 875/2008. Ravinder Singh & Ors. Vs. The State of Rajasthan & Ors. ... (7) D.B. CIVIL SPECIAL APPEAL (W) NO. 963/2008. Arun Singh Vs. The State of Rajasthan & Anr. ... Date of Order :: 8th July 2010. HON’BLE MR. JUSTICE A.M. SAPRE HON’BLE MR.JUSTICE DINESH MAHESHWARI Mr. M.S. Singhvi, for the appellants. Mr. Hemant Choudhary, Government Counsel for the respondents. <><><> BY THE COURT: These intra-court appeals, though arising out of different orders passed in different writ petitions but essentially 2 involving the same issue on similar and akin facts have been considered together finally at this stage with the consent of the parties; and are taken up for disposal by this common order. In the writ petitions wherefrom these intra-court appeals arise, the grievance of the petitioners-appellants had been against notices issued to them to show cause as to why their services be not terminated for having obtained appointment with concealment of facts and/or to show if they were the intervenors before the Hon'ble Supreme Court in S.L.P. Nos. 10778-81/2001. The writ petitions came to be disposed of by different orders but essentially with the directions that the petitioners shall be at liberty to submit their replies and to make submissions before the concerned authorities. In the orders dated 18.08.2008 as passed in CWP Nos. 4071/2005, 3381/2005 and 4039/2005 (corresponding to SAW Nos. 973/2008, 875/2008 and 963/2008), the learned Single Judge issued directions as under:- “Therefore, this writ petition is hereby disposed of with a direction that the claim of the petitioner for continuance in service shall be decided by the Chief Executive Officer, Zila Parishad, Barmer while taking into consideration the directions given by the Hon'ble Supreme Court in Kailash Chand Sharma's case (supra) and, so also, after taking into consideration the factual aspect of the matter submitted by the petitioner by way of reply having provided opportunity of hearing to the petitioner, within a period of two months from the date of production of certified copy of this order. It is further directed that while entertaining this writ petition on 13.07.2005 it was ordered that the petitioner' services shall not be terminated and that order is still in existence, therefore, till the decision of the matter by the respondent Chief Executive Officer is made, the interim stay order shall remain in force. It is also clarified that if the claim of the petitioner happens to be rejected the 3 petitioner will be at liberty to challenge the same, if so advised.” It is contended by the learned counsel for the petitioners-appellants that it would be a futile exercise to make submissions before the Chief Executive Officer of the concerned Zila Parishad particularly when the Government had already issued directions to him to dispense with the services of the petitioners. We have examined the fact situation of these cases and we are of the considered opinion that pursuant to the notices issued to the petitioners-appellants, the petitioners- appellants should be given opportunity to make their submissions in writing as also the opportunity of personal hearing; and interest of justice shall be served if the concerned Secretary of the Government of Rajasthan dealing with Elementary Education be directed to afford such opportunity to the petitioners-appellants and to take appropriate decision in the matter. It is noticed that interim orders have been passed in these appeals to the effect that the services of the appellants- petitioners shall not be terminated, if not already terminated. Hence, it appears appropriate and in the interest of justice that these directions are allowed to remain in force until final decision is taken by the concerned Secretary in the matter. Accordingly, these appeals are partly allowed to the extent indicated above; the claim of the petitioners-appellants for continuance in service shall be decided by the concerned Secretary to the Government dealing with Elementary 4 Education while taking into consideration the directions of the Hon'ble Supreme court in Kailash Chand Sharma's case [2002 (6) SCC 562] and so also after taking into consideration the factual aspect of the matter to be submitted by the petitioners-appellants by way of reply/representation, to be filed by them within 30 days from today. The final decision shall be taken by the concerned Secretary within two months thereafter but only after providing opportunity of personal hearing to the appellants-petitioners. It is also directed that the services of the appellants-petitioners shall not be terminated until final decision by the said Secretary; and in case of rejection of their claim, the petitioners-appellants shall be at liberty to challenge the same, if so advised. No costs. (DINESH MAHESHWARI), J. (A.M. SAPRE), J. /Mohan/ 5 D.B. CIVIL SPECIAL APPEAL (W) NO. 597/2007. Yogendra Kumar Chaturvedi & Ors. Vs. The State of Rajasthan & Ors. ... Date of Order :: 8th July 2010. HON’BLE MR. JUSTICE A.M. SAPRE HON’BLE MR.JUSTICE DINESH MAHESHWARI Mr. M.S. Singhvi, for the appellants. Mr.Hemant Choudhary, Government Counsel, for the respondents. <><> The appeal is partly allowed to the extent indicated in the common order in Umesh Chand & Anr. Vs. The State of Rajasthan & Ors. (D.B.Civil Special Appeal (W) No.973/2008). By Order, By Order, COURT MASTER COURT MASTER 6 D.B. CIVIL SPECIAL APPEAL (W) NO. 598/2007. Narendra Kumar Sharma & Ors. Vs. The State of Rajasthan & Ors. ... Date of Order :: 8th July 2010. HON’BLE MR. JUSTICE A.M. SAPRE HON’BLE MR.JUSTICE DINESH MAHESHWARI Mr. M.S. Singhvi, for the appellants. Mr.Hemant Choudhary, Government Counsel, for the respondents. <><> The appeal is partly allowed to the extent indicated in the common order in Umesh Chand & Anr. Vs. The State of Rajasthan & Ors. (D.B.Civil Special Appeal (W) No.973/2008). By Order, By Order, COURT MASTER COURT MASTER 7 D.B. CIVIL SPECIAL APPEAL (W) NO. 616/2007. Laxmi Narayan & Anr. Vs. The State of Rajasthan & Ors. ... Date of Order :: 8th July 2010. HON’BLE MR. JUSTICE A.M. SAPRE HON’BLE MR.JUSTICE DINESH MAHESHWARI Mr. M.S. Singhvi, for the appellants. Mr.Hemant Choudhary, Government Counsel, for the respondents. <><> The appeal is partly allowed to the extent indicated in the common order in Umesh Chand & Anr. Vs. The State of Rajasthan & Ors. (D.B.Civil Special Appeal (W) No.973/2008). By Order, By Order, COURT MASTER COURT MASTER 8 D.B. CIVIL SPECIAL APPEAL (W) NO. 617/2007. Om Prakash Pathak Vs. The State of Rajasthan & Ors. ... Date of Order :: 8th July 2010. HON’BLE MR. JUSTICE A.M. SAPRE HON’BLE MR.JUSTICE DINESH MAHESHWARI Mr. M.S. Singhvi, for the appellants. Mr.Hemant Choudhary, Government Counsel, for the respondents. <><> The appeal is partly allowed to the extent indicated in the common order in Umesh Chand & Anr. Vs. The State of Rajasthan & Ors. (D.B.Civil Special Appeal (W) No.973/2008). By Order, By Order, COURT MASTER COURT MASTER 9 D.B. CIVIL SPECIAL APPEAL (W) NO. 875/2008. Ravinder Singh & Ors. Vs. The State of Rajasthan & Ors. ... Date of Order :: 8th July 2010. HON’BLE MR. JUSTICE A.M. SAPRE HON’BLE MR.JUSTICE DINESH MAHESHWARI Mr. M.S. Singhvi, for the appellants. Mr.Hemant Choudhary, Government Counsel, for the respondents. <><> The appeal is partly allowed to the extent indicated in the common order in Umesh Chand & Anr. Vs. The State of Rajasthan & Ors. (D.B.Civil Special Appeal (W) No.973/2008). By Order, By Order, COURT MASTER COURT MASTER 10 D.B. CIVIL SPECIAL APPEAL (W) NO. 963/2008. Arun Singh Vs. The State of Rajasthan & Anr. ... Date of Order :: 8th July 2010. HON’BLE MR. JUSTICE A.M. SAPRE HON’BLE MR.JUSTICE DINESH MAHESHWARI Mr. M.S. Singhvi, for the appellants. Mr.Hemant Choudhary, Government Counsel, for the respondents. <><> The appeal is partly allowed to the extent indicated in the common order in Umesh Chand & Anr. Vs. The State of Rajasthan & Ors. (D.B.Civil Special Appeal (W) No.973/2008). By Order, By Order, COURT MASTER COURT MASTER