[1] SAW 214/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR JUDGMENT D.B. SPECIAL APPEAL (WRIT) NO. 214/2009 IN S.B. CIVIL WRIT PETITION NO. 5455/2005 DR. BABU LAL SETHI Vs. STATE OF RAJASTHAN & ANR. Date: 27.07.2009 HON'BLE MR. R.C. GANDHI, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE K.S. CHAUDHARI Mr. S.P. Mathur, Advocate for the appellant. **** This appeal has been preferred against the order dated 24.09.2008, whereby Writ Petition No. 5455/2005 of the petitioner has been dismissed. The appellant was employed as temporary Lecturer on 30.11.1984 and was ousted from service on 06.05.1986. Order of ousting from service was never challenged by the appellant. Some of the candidates who were in service, similarly appointed on temporary basis, wanted their services to be regularised and approached the Court seeking regularisation of their services by filing S.B. Civil Writ Petition No. 5350/1996 which came to be decided on 10.03.1997, wherein the Court issued directions that their case may be considered for regularisation and those who have not approached the Court, if similarly situated, may also make representation to the respondents for similar relief. [2] SAW 214/2009 The appellant filed Writ Petition No. 5455/2005 in the year 2005, seeking similar relief on the basis of the judgment delivered in Writ Petition No. 5350/1996, decided on 10.03.1997. The learned Single Judge has dismissed the said writ petition. Learned counsel has submitted that he is entitled to the relief being similarly situated. From the facts, we find that the appellant is not similarly situated and has also not been discriminated. He was not in the service of the respondents when the Writ Petition No. 5350/1996 was filed. He has not challenged his order of dismissal from service. No direction can be issued unless the order of dismissal is set aside. The appellant wants relief that in pursuance of the order dated 10.03.1997, he may be given relief of regularisation of services, which is contrary to the spirit of law as two different and conflicting situations cannot be allowed to stand. We do not find any merit in this appeal, which is accordingly dismissed. (K.S. CHAUDHARI),J. (R.C. GANDHI), ACTG.C.J. /KKC/