- (1.) These appeals are by special leave and are directed against the common judgment of the division bench in a group of writ applications filed before it challenging the termination of appointment as Legal Assistants in the State of Rajasthan.
(2.) Three questions mainly came before the High court for determination:- (1 Is there a distinction between making financial provision in the budget to meet the expenses for posts and creation of posts (2 What exactly was the number of vacancies available to be filled up as required by the rules And if recommendation had been 269 received from the State public service commission in terms of rules for regularly filling up the vacancies, how would appointees under Rule 30 be dealt with and (3 Whether the persons whose appointments under Rule 30 have been terminated and who have availed the opportunity of getting screened through the public service commission in the regular way and have failed, would still be entitled to claim the benefit of employment
(3.) In course of arguments before us one more aspect arose as to whether seven of the Legal Assistants recruited in the year 1982 could be allowed to form themselves into a group to be continued without being recommended by the public service commission, on the basis of periodic approval of the public service commission to their continuance.;