CW 8270/10 //1// (BPL Jeevan Rksha Kosh) In the High Court of Judicature for Rajasthan Jaipur Bench Civil Writ Petition No.8270/2010 Chhagan Lal Sharma & Ors Versus State & Ors. (alongwith cognate cases as per Schedule appended) Date of Order ::: 03/12/2010 Hon'ble Mr. Justice Ajay Rastogi For Petitioners : Sarva Shri Anil Kumar Sharma, Praveen Sharma, Ram Pratap Saini, Sunil Kumar Singodiya, AK Sharma Suresh Dhenwal, Anoop Dhand, Govind Sharma, Bharat Saini, Ravindra Pal Singh, Sajid Ali, Hari Krishan Sharma, Vijay Poonia, OP Pareek, Umashanker Pandey, Sandeep Kumar Sharma, Ms. Manju Jain, for respondent. In this bunch of petitions, since a common question has been raised, hence being decided by the present order. All the petitioners are working as Pharmacist/Clerk/Computer Operator under Mukhya Mantri BPL Jeevan Raksha Kosh have approached this Court assailing their termination from service and seeking further direction to continue in services till continuance of aforesaid Scheme. Similar bunch of writ petitions raising common questions were filed before the Main Seat at Jodhpur in CWP-6116/2010 (Usha & (7) Ors Vs. State & Ors) & cognate cases which came to be dismissed vide judgment dt. 30/08/2010 with the following observations:- “10. The contents of service of the present petitioners was neither stipulated nor intended to be co- terminus with the BPL MM JRL Scheme CW 8270/10 //2// (BPL Jeevan Rksha Kosh) itself. Therefore, even though the Scheme continues, if the number of posts have been abolished and the asame have been curtailed to 886 as per the Table given above, no exception to the same can be taken, particularly, in view of the fact that no such material has been produced by the petitioners or from any other documents on record that any of the primary Health Centers or Satelite Hospitals have been closed down on account of non-extension of contract of ser4vice of the present petitioners. If the State can manage to run these services with the help of existing staff or the persons appointed even on contract basis prior in point of time than the present petitioners, the present petitioners have no valid ground to assail the same. 11.In view of above, this Court finds no force in these writ petitions and the same are accordingly dismissed. No order as to costs.” However, Counsel for petitioners jointly submit that respondents have initiated fresh process for making appointments, which would show that the method adopted is with an object to replace the persons already in service and such action is wholly arbitrary and in violation of Art.14 of the Constitution. Counsel further jointly submit that interim stay orders were passed by this Court directing the respondents to allow the CW 8270/10 //3// (BPL Jeevan Rksha Kosh) petitioner to continue on the posts held prior to the orders impugned – pursuant to which they continued to work and even if writ petitions are dismissed by this Court in view of judgment (supra), atleast they are entitled to get salary for the period during which they have worked under interim stay orders of this Court. In light of the judgment (supra), the writ petitions alongwith stay petitions, as per Schedule annexed, are accordingly dismissed. However, it is made clear that for the period during which petitioners remained in service under interim stay orders passed by this Court, respondents are under obligation to make payment fo salary to respective petitioners and if not paid so far, the same be paid to each of them within one month from the date of submission of certified copy of this order. No costs. (Ajay Rastogi),J K.Khatri/p3/ 8270CW2010Dec3BPLRksKos-Schdl.doc CW 8270/10 //4// (BPL Jeevan Rksha Kosh) Schedule to Judgment dt.03/12/2010 in CWP-8270/2010 & Cognate cases *** S.No. CWP/Stay Pet.Nos. / Name of Petitioners/ Versus 1.8270/2010 (nil) Chhagan Lal Sharma & Anr Versus State & Ors 2.7138/2010 (1006/10) Shahnawaz Hussain Versus State & Ors 3.8271/2010 (1861/10) Rajesh Kumar & Ors Versus State & Ors 4.8282/2010 (1871/10) Indresh Kumar Sharma & Ors Versus State & Ors 5.8289/2010 (1878/10) Shish Ram Gurjar & Ors Versus State & Ors 6.8293/2010 (1882/10) Mahendra Sharma & Ors Versus State & Ors 7.8296/2010 (1885/10) Abhishek Jain & Ors Versus State & Ors 8.8348/2010 (1938/10) Rajendra Prasad Yadav & Ors Versus State & Ors 9.8385/2010 (1976/10) Om Prakash & Ors Versus State & Ors 10.8389/2010 (1980/10) Subhash Chand Yadav & Anr Versus State & Ors 11.8430/2010 (2018/10) Bhudev Shukla & Ors Versus State & Ors 12.8431/2010 (2020/10) Randhir Singh & Ors Versus State & Ors 13.8437/2010 (2025/10) Neha Bakliwal & Ors Versus State & Ors 14.8438/2010 (2026/10) Prem Chand Sharma & Ors Versus State & Ors 15.8445/2010 (2032/10) Mangej Kumar Parihar & Ors Versus State & Ors 16.8448/2010 (2036/10) Nand Kishore Sharma & Ors Versus State & Ors 17.8459/2010 (2048/10) Surya Kant Sharma & Anr Versus State & Ors 18.8532/2010 (2101/10) Surendra Yadav & Anr Versus State & Ors 19.8565/2010 (2131/10) Chandra Prakash Sharma Versus State & Ors 20.8600/2010 (2163/10) Mahesh Kumar Versus State & Ors 21.8648/2010 (2194/10) Smt. Sanjana Devi Versus State & Ors 22.8721/2010 (2264/10) Dharmendra Kumar Sharma Versus State & Ors 23.8797/2010 (2354/10) Mohammed Khalid Versus State & Ors 24.8930/2010 (2469/10) Ravi Kumar Yadav & Ors Versus State & Ors 25.8939/2010 (2477/10) Gyan Prakash Sharma & Anr Versus State & Ors 26.9083/2010 (259510) Sriram Mathur Versus State & Ors 27.9161/2010 (2662/10) Shyam Raj Sharma Versus State & Ors 28.9326/2010 (2601/10) Nand Lal Jatav Versus State & Ors 29.9369/2010 (2839/10) Mukesh Kumar Pachouri & Anr Versus State & Ors 30.9487/2010 (2945/10) Shiv Charan Sharma Versus State & Ors 31.9529/2010 (2984/10) Chandra Kumar Versus State & Ors 32.9541/2010 (2992/10) Kailash Chand Sharma Versus State & Ors 33.9568/2010 (3017/10) Sardar Singh Jat & Ors Versus State & Ors 34.9878/2010 (3300/10) Jagdish Prasad Rathore & Ors Versus State & Ors 35.10032/2010 (3441/10) Arvind Gupta Versus State & Ors 36.10472/2010 (3839/10) Kartar Singh Versus State & Ors 37.10475/2010 (3842/10) Vijay Kumar Versus State & Ors 38.10485/2010 (3852/10) Rajhans Singh Gurjar Versus State & Ors 39.10508/2010 (3870/10) Chhagan Lal Sharma & Anr Versus State & Ors 40.10685/2010 (4029/10) Pradeep Kumar Swarankar (Soni) Vs. State & Ors 41.10825/2010 (4156/10) Dinesh Kumar Malav Versus State & Ors 42.11310/2010 (4536/10) Rameshwar Das Versus State & Ors 43.8869/2010 (2410/10) Narendra Singh Versus State & Ors (Ajay Rastogi), J. K.Khatri/p4/ 8270CW2010Dec3BPLRksKos-Schdl.doc