In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.3429/2010 (Pankaj Borwanker & Ors Versus State & Ors.) (& Cognate cases as per Schedule annexed) Date of Order ::: 06/04/10 Hon'ble Mr. Justice Mohammad Rafiq For petitioners - Sarva Rampratap Saini, Ram Babu Sharma, Manish Sharma, Samay Singh, Prakash Thakuria, CS Sharma, Ravi Chirania, Naveen Dhuwan, Tanveer Ahmed, Ritesh Jain, Mahendra Sharma, Amit Singh Shekhawat, Neeraj Sharma, Shiv Lal Meena, Ashindra Gautam, Dr. Mahesh Sharma, Smt. Sudesh Kasana, Sandeep Garssa, T.L. Pandey, Vinod Kumar Sharma, Omveer Singh Saini, YK Sharma, Pushpendra Pal Singh, Swaraj Panwar, RD Meena, Brijesh Bhardwaj, Devendra Kumar Bhardwaj, Sita Ram Samota, Dayanand Sharma, Dr. Saugath Roy, Sudarshan Laddha, NK Tiwari, Suresh Kumar, Rajvir Sharma, RA Verma, Ramavtar Bochalya, Prahlad Sharma, Manoj Kumar Choudhary, Suresh Kumar Pareek, KC Sharma, Himmat Singh Bikarwar, SR Choudhary, Shiv S Ola, Deendayal Khandelwal, Praveen Poswal, Liyakat Ali, NK Singhal, Suvhash Sharma, Ajay Goyal, Raj Kumar Goyal, Mahendra Sharma, Vijay Pathak, Mukesh Bijarania, , Atul Kr. Jain, Hanuman Choudhary, NK Tiwari, Pradeep Mathur, Satyapal Poshwal, RK Kasana, Vinod Goyal, Sultan Singh Choudhary, Kapil Gupta, Gopal Gupta. Mr. SN Kumawat, AAG and for respondent PSC **** All these petitions as per Schedule A attached herewith since involve common question, hence at joint request, are being disposed of by present order. Counsel for petitioners jointly submit that petitioners were engaged/appointed as Vidhyarthi Mitra on contract basis till the persons regularly selected by Rajasthan Public Service Commission (RPSC) and Departmental Promotion committee are made available. However, services of persons who were similarly situated while working as Vidhyarthi Mitra were terminated by respondents. A bunch of 633 writ petitions (CWP-4652/2009 & cognate cases) were decided by this Court vide judgment dt.08/05/2009 with operative part ad infra: “(36) Accordingly, the writ petitions are disposed of as under: I. During continuation of the work, as detailed out herein above the invocation of the last extension is arbitrary and illegal; and the consequential automatic termination orders of the petitioners are set aside. II. The RPSC/DPC selected candidates/ employees are still not available and next academic session is about to start; even urgent temporary appointments under Rule 28 of the Rules of 1971 are not possible due to short span of one month and a half left to start with the process of admission and academic session, therefore, as per the aims and objects of the Scheme, respondents are directed to consider the cases of the petitioners for continuation in service till regularly selected candidates from RPSC/persons selected and recommended by the DPC for promotion are made available in the light of the above observations; III. Even in case of appropriate order of continuation in service till regularly selected candidates from RPSC/DPC selected persons are available, the petitioners are not entitled for wages of the vacations, in other words, when the schools are closed. IV. In case the regularly selected candidates from RPSC/persons selected and recommended by the DPC for promotion are made available, then the respondents can terminate services of the petitioners after preparation of the seniority list on the State level as per their date of appointment and merit assigned to them, by following the principle of 'last come first go' to the extent of availability of the selected candidates and while doing so, the respondents will keep the interest of the present students and prospective students in view.” Counsel submits that since issue raised in instant bunch of petitions stands decided by co-ordinate Bench of this Court vide judgment (supra), these petitions may also be decided in the light thereof. Counsel for petitioners further submit that in the light of judgment (supra), the directions have been issued by the Department of Elementary Education, Govt. of Rajasthan vide letter dt.11/08/09 to the Director of Elementary Education Bikaner to permit all such persons working as Vidhyarthi Mitra in present academic session but their continuance will be subject to final outcome of special appeals having been preferred by respondents State against judgment dt.08/05/2009. Subsequently, the Joint Director (Training), Secondary Education, Rajasthan, Bikaner has also issued another circular on 17.9.09 to the same effect. Some of the petitioners have raised their grievance that despite judgment dt. 08/05/09 of the Court and directions issued by State Government, they have not been permitted to work/discharge duties as Vidhyarthu Mitra. However, it has not been disputed by Government Counsel about controversy involved herein being decided by this Court vide judgment dt.08/05/2009 alongwith directions (supra) - against which, their only defence is that special appeals (SA(W)-1237/2009 & 525/2009 besides other cognate appeals) have been preferred by respondents State and wherein vide order dt.16/12/09, the Division Bench ordered ad infra: “Since in the impugned judgment, a direction exists at para 36(IV) with regard to termination of Vidhyarthi Mitra on the basis of State level seniority list, though appointments were not made on State level list, therefore, operation of aforesaid para 36(IV) may be stayed because in absencde of termination, selected candidates cannot be appointed. Looking to the submission made, operation of the direction in para 36(IV) of the impugned judgment shall remain stayed.”. However, as regards contention of petitioners Government Counsel submits that directions have been issued by the department concerned, and District Education Officer/concerned officer will ensure that in the light of judgment dt.08/05/09 (supra), the petitioners may be permitted to join and discharge their duties as Vidhyarthi Mitra; but their continuance will be subject to final outcome of special appeals preferred by respondents State, which has not been objected by petitioners' Counsel, as well. In the light of what has been observed in CWP- 4652/2009 vide judgment dt.08/05/2009 alongwith directions quoted (supra), all these writ petitions as per Schedule A attached herewith stand disposed of; and the District Education Officer/concerned officer will also ensure that in the light of judgment (supra), the petitioners shall be permitted to join and discharge their duties as Vidhyarthi Mitra; however, it would be subject to afore quoted stay order and final outcome of special appeals (SA(W)-1237/09 & 525/2009 besides cognate appeals) would be binding upon all the petitioners, as well. No costs. (Mohammad Rafiq), J. /gandhi, P.A. Schedule- Judgment dated 06/04/2010. in CWP-3429/2010 & Cognate cases *** S.No. CWP Nos. / Name of Petitioners Versus State & Ors 1.3429/2010 Pankaj Borwanker & ors. 2.9679/2009 Man Singh & Anr. 3.10053/2009 Mukesh Kachhawa & Anr. 4.10064/2009 Shoba Patak & ors. 5.10073/2009 Govind Singh Bhati 6.10078/2009 Raj Kumar & ors. 7.10087/2009 Mool Chand Meena 8.10092/2009 Laxman Singh Bhati & Anr. 9.10093/2009 Sunita Kumari & Anr. 10.13416/2009 Rakesh Kumar & ors. 11.13418/2009 Raj Kumar & Anr. 12.13442/2009 Mahendra Kumar Sharma 13.14428/2009 Ajay Kumar Choudhary & ors. 14.14430/2009 Pawan Kumar Vijay & ors. 15.14431/2009 Smt. Keshar Devi Kumawat 16.14432/2009 Uma Shankar Sharma 17.14434/2009 Shankar Lal Regar 18.14439/2009 Shri Naresh Chand Meena 19.15095/2009 Sanjay Sharma 20.15236/2009 Pappu Lal Bairwa 21.15377/2009 Rati Ram Chaudhary & Anr. 22.15409/2009 Bahadur Singh & ors. 23.15441/2009 Sanjeev Kumar 24.16011/2009 Meenakashi Thathera & ors. 25.16024/2009 Sriphool Bairwa & Anr. 26.16025/2009 Ganesh Kumar & ors. 27.420/2010 Om Prakash & ors. 28.425/2010 Ms Tabbasum Bano 29.436/2010 Kamlesh Kumar Sharma 30.439/2010 Gori Shankar Arya & ors. 31.581/2010 Govardhan Singh Purawat 32.718/2010 Panchuram Bairwa & ors. 33.753/2010 Suresh Chand & ors. 34.797/2010 Prahlad Sahai Yadav 35.893/2010 Smt. Basanti Yadav 36.959/2010 Kishan Lal Kumawat 37.1289/2010 Bhagwan Sahai Sharma 38.2276/2010 Urmila Saini & ors. 39.2362/2010 Jyoti Rawal & Anr. 40.2444/2010 Chanchal Chaudhary 41.2459/2010 Jagdish Prasad Gurjar & ors. 42.2527/2010 Deenbhandu Nagar 43.2552/2010 Mansor Jat 44.2597/2010 Mahaveer Meghwal & ors. 45.2649/2010 Prahlad Kumar Sharma & Anr. 46.2777/2010 Shivram & ors. 47.2851/2010 Banwari Lal Yadav 48.2921/2010 Mukesh Kumar Gurjar & ors. 49.2975/2010 Pradeep Kumar 50.3028/2010 Rajendra Prasad Sharma & anr. 51.3054/2010 Mahendra Kumar Yadav & Anr. 52.3087/2010 Banwari Lal Lakhiwal & ors. 53.3088/2010 Rajesh Kumar Gupta & Anr. 54.3164/2010 Gouri Shankar Sharma & Anr. 55.3343/2010 Seema Malinda 56.3357/2010 Bijendra Kumar Meena 57.3359/2010 Badri Prasad Gautam & ors. 58.3384/2010 Kamlesh Sharma & ors. 59.3407/2010 Madhu Sharma 60.3416/2010 Kamlesh Kumar Sharma 61.3418/2010 Janardan Sharma 62.3464/2010 Ritu Morya 63.3481/2010 Omveer Singh 64.3483/2010 Mahesh Kumar Kumawat 65. 3492/2010 Maharaj Khan 66.3558/2010 Sunil Kumar Sharma & ors. 67.3623/2010 Ram Prasad Choudhary 68.3624/2010 Khub Chand 69.3640/2010 Ganpat Lal Meena & ors. 70.3723/2010 Harlal Bajiya 71.3726/2010 Needhi Sharma & ors. 72.3743/2010 Priyanka Rathore 73.3767/2010 Dinesh Chand Bhardwaj 74.3849/2010 Dharmendra Singh Hada & ors. 75.3876/2010 Smt. Durga Yogi & anr. 76.3899/2010 Mahavir Prasad Jharwal & ors. 77.3900/2010 Griraj Sharma 78.3903/2010 Hari Krishan Sharma & Anr. 79.3918/2010 Poonam Choudhary & ors. 80.3937/2010 Nazim Khan 81.3938/2010 Rekh Singh 82.3942/2010 Ruda Ram Meena 83.3945/2010 Jagdish Prasad Kala 84.3985/2010 Hari Raj Veshnava 85.3986/2010 Kavita Sharma 86.3996/2010 Mukut Bihari Jat & Anr. 87.4038/2010 Ram Bhagwati Bairwa 88.4075/2010 Mahendra Kumar Sain 89.4119/2010 Govind Narayan 90.4122/2010 Neeraj Sain & ors. 91.4143/2010 Udai Singh 92.4151/2010 Fateh Singh Saini & Anr. 93.4157/2010 Pramod Kumar Sharma 94.4160/2010 Rajendra Kumar Kalwania 95.4187/2010 Nishan Parashar & Anr. 96.4195/2010 Satish Kumar & anr. 97.4196/2010 Smt. Kaushalya Meena & ors. 98.4197/2010 Ravi Kumar Khandwelwal & ors. 99.4198/2010 Braj Mohan Gupta & ors. 100.4209/2010 Sunita Malav 101.4260/2010 Giriraj Prasad Bairwa & ors. 102.4272/2010 Om Prakash Mali 103.4284/2010 Hari Prakash Verma & ors. 104.4322/2010 Hansram 105.4330/2010 Usha Sharma 106.4379/2010 Vikram Singh & ors. 107.4381/2010 Pramod Kumar Bijarnia & Anr. 108.4463/2010 Mukesh Kumar Meena & ors. 109.4470/2010 Suresh Kumar Saini & ors. Versus State & Ors (Mohammad Rafiq),J. /gandhi, PA