CWP-14032/10 (PRERAK-NLM) (1) In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.14032/2010 Smt. Sukhi Devi & Ors. Vs. Union of India & Ors (ALONGWITH COGNATE CASES AS PER SCHEDULE APPENDED) Date Of Order :: 21/12/2010 Hon'ble Mr. Justice Ajay Rastogi For petitioners : Sarva Shri Devendra Bhardwaj, Vinod Kumar Sharma, R.P. Saini, Rajendra Soni, R.K. Gautam, G.L. Sharma, N.K. Singhal, D.S. Jhala, Praveen Sharma, R.R. Goyal, Prakash Kaushik, R. R. Baisla, Dharmendra Barala, Jai Kishan Yogi, Himmat S.Bikarwar, Vijay Pathak, Yogesh Singhal, Dr. Raj Kumar Sharma. Dinesh Yadav, AAG, for respondent. Instant bunch of petitions since involves a common question, hence being disposed of by the present order. Counsel for petitioners jointly submits that the controversy raised in the instant petitions was initially examined and decided by learned Single Bench of this Court in CWP-4119/2009-Ramjeet Singh & Ors. Union of India & Ors, and other identical petitions decided on 30.06.2009 and in para 7 & 8 observed as under :- I have gone through the record of the writ petitions and considered the rival submissions of the parties. In my view, the letter dated 19.01.2009 clearly reveals that the revised scheme is to be implemented instead of old scheme, hence, mere change of the CWP-14032/10 (PRERAK-NLM) (2) scheme will not result in unemployment and fresh selection. However, the petitioners cannot claim the wages of the intervening period on account of non allotment of the budget. The action of the respondents envisages the impugned orders of termination of the present petitioners is declared illegal and the petitioners are allowed to continue on their respective posts till the scheme of “Lok Talim” is implemented. However, they will be entitled for continuity in service but not entitled to fixed remuneration for the intervening period in case the scheme of “Lok Talim” is implemented.” Against the order of learned Single Judge of this Court dt.30.06.2009 DB Civil Special Appeals (517/2010 and other connected appeals) were preferred by the State of Rajasthan which have been dismissed by common judgment dt.01.10.2010 and the relief granted by the learned Single Judge has been modified and finally observed as under :- “To the recourse proposed by the learned counsel appearing on behalf of the respondents, counsel for the appellants has no objection. Hence, the order of the Single Bench is accordingly CWP-14032/10 (PRERAK-NLM) (3) modified to the extent that it would be open to the appellants to screen the candidates for the purposes of ensuring that they are holding the requisite qualification under the new scheme and adjustment of such incumbent shall be made at other centre in order to ensure the composition as per the new scheme of one man and one woman candidate at one centre is maintained and services of only those candidates be discontinued who are not qualified or it is not possible to accommodate them. However, while doing so, no discrimination be made between the incumbents and rule of last come first go shall be adhered to.” Counsel for petitioners submits that in light of the order of the learned Single Bench with the modification made by the Division Bench the present bunch of petitions may be disposed of. Counsel for respondents has not controverted however further submits that candidature of the petitioners will be considered only in terms of the modification made by the Division Bench of this Court in the judgment referred to supra. It certainly goes without saying that once the modification has been made by the Division Bench of this Court the Government is CWP-14032/10 (PRERAK-NLM) (4) under obligation to follow the directions of the Division Bench referred to supra. Consequently, all these writ petitions in light of the order passed by learned Single Bench with the modification made by the Division Bench of this Court stand disposed of. The petitioners in the present bunch of petitions mutatis mutandis are entitled to the same relief which has been granted by the Division Bench of this Court vide judgment dt.01.10.2010 (supra). No cost. (Ajay Rastogi),J. VS Shekhawat/-p.4 14032cw10Dec21FnlDsps.doc CWP-14032/10 (PRERAK-NLM) (5) Schedule to Judgment dt.21.12.2010 in CWP-14032/2010 & Cognate cases *** S.No. CWP/Stay Pet.Nos. / Name of Petitioners/ Versus 1. 14032/2010 (6760/10) Smt. Sukhi Devi & Ors Vs. Union of India & Ors 2. 3654/2009 (nil) Khem Singh & Ors Vs. State of Raj & Ors 3. 4061/2009 (nil) Subhash Chandra & Ors Vs. State & Ors 4. 4247/2009 (nil) Kartar Singh & Ors Vs. State & Ors 5. 4250/2009 (nil) Reekha Sharma & Ors Vs. State & Ors 6. 5224/2009 (nil) Kailash Chand Jat & Ors Vs. State & Ors 7. 5257/2009 (nil) Banwari Lal Sharma & Ors & Ors Vs. State & Ors 8. 5897/2009 (nil) Khyali Ram Meena & Ors Vs. State & Ors 9. 6426/2009 (nil) Bajrang Lal & Ors Vs. Union of India & Ors 10.9449/2009 (nil) Vijay Kumar Sharma & Ors Vs. State & Ors 11.12736/2009 (nil) Sharwan Kumar Meena & Ors Vs. Union of India & Ors 12.13449/2009 (nil) Smt. Aneeta Sharma Vs. State & Ors 13.15128/2009 (nil) Narain Lal Jat & Ors Vs. Union of India & Ors 14.15843/2009 (nil) Mukesh Kumar & Ors Vs. Union of India & Ors 15.16225/2009 (nil) Madan Lal Droga & Ors Vs. Union of India & Ors 16.873/2010 (nil) Mohan Lal & Ors Vs. State & Ors 17.894/2010 (nil) Hari Prasad Yadav & Ors Vs. Union of India & Ors 18.4521/2010 (nil) Mahendra Kumar Sharma & Ors Vs. Union of India & Ors 19.4554/2010 (nil) Ram Narayan Choudhary & Ors Vs. Union of India & Ors 20.8186/2010 (1771/10) Ramji Lal Goswami & Ors Vs. Union of India & Ors 21.10694/2010 (4038/10) Balu Singh & Ors Vs. Union of India & Ors 22.13493/2010 (6308/10) Narendra Singh & Ors Vs. Union of India & Ors 23.14607/2010 (7263/10) Roop Singh Vs. State & Ors 24.14968/2010 (7587/10) Ram Sahai Gurjar & Ors Vs. State & Ors 25.15923/2010 (8393/10) Santara & Ors Vs. State & Ors 26.16236/2010 (8653/10) Tej Ram Mali & Ors Vs. State & Ors 27.16247/2010 (8662/10) Smt. Jarina & Ors Vs. Union of India & Ors 28.8801/2009 (nil) Mukesh Chand Vs. State & Ors 29.9944/2009 (nil) Lokesh Kumar Sharma & Ors Vs. State & Ors 30.7773/2010 (nil) Lekhraj Singh Vs. State & Ors 31.9551/2010 (nil) Gajraj Singh & Ors Vs. State & Ors 32.14515/2010 (7195/10) Rajendra Prasad Sharma & Ors Vs. State & Ors 33.14672/2010 (7318/10) Mohan Singh & Ors Vs. State & Ors 34.15210/2010 (7826/10) Shailendra Singh & Anr Vs. State & Ors 35.4874/2009 (nil) Kajal Vs. State & Ors 36.6373/2009 (nil) Manju Kumari & Ors Vs. State & Ors 37.7085/2009 (nil) Daulat Singh Khatik Vs. State & Ors 38.9800/2009 (nil) Ango Gurjar Vs. State & Ors 39.596/2010 (nil) Bal Govind & Anr. Vs. State & Ors 40.14276/2010 (6989/10) Babu Singh Rajput Vs. State & Ors 41.14422/2010 (7120/10) Jai Singh Meena & Ors Vs. State & Ors 42.16206/2010 (8627/10) Mukesh Chand & Anr Vs. State & Ors 43.5069/2009 (nil) Kedar Nath & Ors Vs. State & Ors 44.13126/2009 (nil) Smt. Damayanti Saini & Anr Vs. State & Ors 45.16664/2010 (9028/10) Smt. Pushpa Devi & Ors Vs. State & Ors (Ajay Rastogi), J. VS Shekhawat/p5/ 14032cw10Dec21FnlDsps.doc