SBCWP No.6549/94. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.6549/1994. Ram Singh Purviya Vs. State of Rajasthan & Ors. Date of Order:- February 24, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ None present for the petitioner. Shri Zakir Hussain, Additional Government Counsel for the State. ****** BY THE COURT: This writ petition has been filed by the petitioner against the order dated 2/5/1994 by which, respondents terminated his services w.e.f. 5/5/1994. According to the petitioner, he was engaged on the post of Cook in the Government Ashram Chhatrawas Ralawas, Lalsot at the rate of Rs.22/- per day by the District Education Officer, Dausa on 16/7/1992 till summer vacation starts. Thereafter his services were terminated w.e.f. 15/5/1993. He was again engaged on 26/5/1993 for the session 1993- SBCWP No.6549/94. 2 94. As per petitioner, while he was working on the said post, District Education Officer Dausa vide order dated 2/5/1994 directed that his services are being terminated w.e.f. 5/5/1994. Petitioner has contended that his services are satisfactory as per certificate issued by the Superintendent Government Ashram Chhatrawas vide Annexure-6 and there are more than 100 students in the employment which clearly shows that there is need of Cook and the posts of the same did exist. Respondents have not followed the provisions of Section 25F of the Act of 1947. The order is bad in law and is liable to be quashed and set-aside. During the pendency of the writ petition, petitioner had filed an affidavit on 1/11/1994 asserting that he has again been engaged by the District Education Officer on 11/7/1994. 2) Respondents in reply to writ petition have contended that appointment of the petitioner was made against a particular scheme known as “MADA SCHEME” which was meant for Government Ashram Chhatrawas for boarding and lodging of the Tribal students. Appointment of the petitioner was temporary and after examinations were over, students of the Chhatrawas also left. Services of the petitioner as a Cook therefore no more needed. Learned Additional Government Counsel appearing for SBCWP No.6549/94. 3 the State explained the condition in reply to writ petition that the budget in the Mada Scheme was made available by the District Rural Development Officer and since the budget was not sanctioned any further and therefore the scheme ceased to exist. There was no substantive post of Cook against which petitioner could be accommodated and as such, his services were discontinued. 3) It appears that services of the petitioner were again dis-engaged after 11/7/1994. That was a fresh cause of action with the dis-engagement of the petitioner on 11/7/1994, the termination order dated 2/5/1994 ceased to have any force. No fresh steps have been taken by the petitioner either to seek amendment in the writ petition or filed any fresh writ petition. Therefore, the relief prayed for cannot be granted. 4) The writ petition therefore is dismissed. Copy of this order be endorsed to the petitioner for information. (MOHAMMAD RAFIQ) J. anil