CW 5989/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** 1- Civil Writ Petition No.5989/2008 Surendra Kr. Dhayal & (7) Ors Versus State & Another 2- Civil Writ Petition No.5034/2008 Phool Chand Jat & (4) Ors Versus State & Another Date of Order ::: 14/09/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Sandeep Pathak, for petitioners Mr. SD Khaspuria for Mr. Hari Bareth Dy.Govt. Adv for respondents Matter has come up on applicatin U/Art.226(3) of Constitution seeking vacation of interim order dt.30/06/08; but looking to nature of controversy, at joint request, matter has been finally heard for disposal at this stage. Petitioners were appointed on 31/01/04 as Livestock Assistants after vacancies were duly advertised vide notification dt.09/09/03 (Ann.2) and since then are continuously working but later on advertisement dt. 22/02/06 (Ann.4) has been issued by State Government for holding regular selection under the Rules. Their sole grievance is that even if they are not finally selected in pursuance of notification dt.22/02/06 (Ann.4), their services atleast cannot be terminated till CW 5989/08 //2// available vacancies are filled up through regular selections and the impugned action of respondents in taking decision for terminating their services pursuant to selection made vide advertisement dt.22/02/06 cannot be said to be justified. Counsel has placed reliance upon decision of this Court in Mohan Puri & Others Vs. State (CWP-4722/2006 & cognate matters decided vide judgment dt.20/02/08 at main seat Jodhpur) wherein it has observed ad infra: “The discussion made above shows that petitioners are working on the post of Livestock Assistant from the year 2003 and it is otherwise a fact that many of similarly situated placed employees have already been selected even on regular basis therefore out of amny candidates so selected in the year 2004 out of advertisement of 2003 only few ones have been left out from the benefit of regular selection. Thus it would be appropriate to direct the respondents to see as to whether the petitioners can be continued on the same conditions, if vacancies exist even after regular selection. In view of the judgment of Division Bench in the case of Dr. Abhijit Sutradhar (Special Appeal No. 1091/2000), the effort of the respondent should remain that the CW 5989/08 //3// petitioner may be continued on the vacant post till regularly selected candidates are made available but subject to existence of vacancies.” Counsel submits that in the light of judgment of this Court (supra), present petitioners are also entitled for same relief. Counsel for respondents has not been able to controvert in regard to the controversy decided by this Court in Mohan Puri Vs. State (supra). That apart, it has also been brought to the notice of this Court that vide order dt.31/08/09 services of such persons appointed as Livestock Assistants have been extended by State Government itself upto 28/02/2010. Both the writ petitions are allowed in the light of judgment (supra). No costs. (Ajay Rastogi), J. K.Khatri/p.3/ 5989CW08Spt14(2).doc