1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.4855/2002. Kamlesh Kumar Sharma Vs. State of Rajasthan & Ors. WITH S.B. CIVIL WRIT PETITION No.6051/2002. Mohan Lal Vs. State of Rajasthan & Ors. Date of Order : : 17.12.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.M.F.Baig for the petitioners. Mr.Hemant Gupta, Addl.Govt.Counsel for the State. Controversy raised in these two writ petitions is squarely covered by judgment of Division Bench of this Court in the case of Bhawani Singh & 17 Ors. Vs. State of Rajasthan & Ors. : 2002 (3) WLC (Raj.) 728, wherein provisions of Sections 9 & 11 of the Act were declared ultravires of the Constitution of India. In the present set of cases semi-permanent and permanent status granted to the petitioners was withdrawn by the respondents pursuant to the order of Finance Department dated 19.12.2000 without any notice to the petitioners. The orders of withdrawing the benefit of semi- 2 permanent/permanent status and passed consequential order are founded on the order of Finance Department dated 19.12.2000 which in turn was based on Section 9 & 11 of the Rajasthan (Regulation of Appointment to Public Services & Rationalisation of Staff) Act, 1999 and provision of Section 9 & 11 stand declared ultra vires. This Court is therefore persuaded to quash such orders on the ground that no notice prior to withdrawal of semi-permanent and permanent status was given to petitioners. The operation of the impugned order dated 5.2.2002 had remain stayed pursuant to the interim order passed by this Court on 9.9.2002. In the result, these two writ petitions are allowed in terms of aforesaid judgment and the impugned order dated 5.2.2002 is quashed and set aside. The petitioners shall be entitled to consequential benefits as if the aforesaid order was never passed. (MOHAMMAD RAFIQ)J. A.Arora/-