BHAGWAN SAHAI SHARMA AND ORS. Vs. STATE AND ORS.
LAWS(RAJ)-2010-12-61
HIGH COURT OF RAJASTHAN
Decided on December 02,2010

Bhagwan Sahai Sharma And Ors. Appellant
VERSUS
State And Ors. Respondents

JUDGEMENT

Ajay Rastogi, J. - (1.) IT is a joint petition filed by five Petitioners with the grievance that they all were appointed as Fireman on contract basis and are working since July, 2007 and at one stage, their matter was recommended for regularization of their service.; but the Executive Officer Municipality, Lalsot (Dausa) vide order dt.16/11/2010 (Ann.16) terminated their contract of service w.e.f. 21/11/2010.
(2.) COUNSEL submits that no regular recruitment has so far been made; in such circumstances, terminating their contract of service is arbitrary and in violation of Article 14 of the Constitution. Issue notice of writ & stay petition alongwith a copy of this order to Respondents returnable within four weeks as to why petition may not be finally disposed of at admission stage. Notices be given Dasti, if desired. PF & Notices be filed within seven days, failing which stay order shall stand vacated automatically without reference to this Court.
(3.) IN the meanwhile, operation of order dt.16/11/2010 (Ann.16) shall remain stayed till further orders; and the Respondents are directed to allow the Petitioner to continue as fireman on the same terms & conditions of their contract, which will not confer any right and will be subject to outcome of instant petition; however, it will not preclude the Respondents for holding regular selection in accordance with law.;


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