S.B. CIVIL WRIT PETITION NO.5615/2009 Antim Bala. Vs. State of Raj. & Ors. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. JUDGMENT S.B. Civil Writ Petition No.5589/2009 Abdul Sammad & Ors. vs. State of Raj. & Ors. Date of Order:- May 28, 2009. PRESENT HON'BLE MR. JUSTICE PRAKASH TATIA. Mr.AD Charan, for the petitioner. Mr. RL Jangid, Addl. Advocate General with Mr.Rajesh Bhati for the respondent-State. BY THE COURT: In view of the judgment of this Court dated 15.5.2009 delivered in S.B. Civil Writ Petition No.2579/09-Devendra Kumar & ors. vs. The State of Rajasthan & ors. and 502 connected writ petitions decided on 15.5.2009 and in view of the judgment delivered by the Jaipur Bench of this Court dated 8.5.2009 in S.B. CIVIL WRIT PETITION NO.5615/2009 Antim Bala. Vs. State of Raj. & Ors. 2 S.B.Civil Writ Petition No.4652/09 and connected 632 writ petitions, this writ petition is also allowed in the following terms:- I. During continuation of the work, as detailed out hereinabove, 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 sessions 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; S.B. CIVIL WRIT PETITION NO.5615/2009 Antim Bala. Vs. State of Raj. & Ors. 3 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.” (PRAKASH TATIA), J.