ANITA KOTHARI Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1990-8-54
HIGH COURT OF RAJASTHAN
Decided on August 20,1990

Anita Kothari Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) HEARD counsel for both the sides. It appears that a similar matter has been disposed of by this court on August 24, 1987, in Writ Petition No 317 of 1987 wherein this court directed:
(2.) AFTER hearing learned counsel for the parties, we allow the writ petition and direct the respondents to continue the petitioners in service until persons regularly selected by the Punjab Service Commission are appointed to the posts presently held by the petitioners and join these posts. These petitioners who have been appointed to posts in leave vacancies will continue in these posts until the employees who have proceeded on leave return and join these posts. We dispose of this writ petition by adopting that order subject to one clarification that the State of Punjab would not be permitted to terminate the services of any of the petitioners by transferring a regular recruit from another institution to any institution where any of the petitioners may be serving. Termination would be valid only when direct recruits through the Public Service Commission are recruited to such posts. Sd/ - RANGANATH MISRA, J Sd/ - S. RANGANATHAN, J. This was followed by another judgment in Raiblndersingh v. State of Punjab and Ors. (1988 SCC (Suppl.) 428). It reads as under: The petitioner is an ad hoc lecturer. He was appointed for a term. His grievances is that he is likely to be removed from service so that he may be deprived of his vacation salary It appears to the practice of the respondents is to appoint fresh people every time. This court in number of writ -petition (WP Nos. 125 of 1987 and 317 of 1987) has allowed the ad hoc teachers to continue in service until persons regularly selected by the P.S.C are appointed to the posts. The respondents ought to extend the benefit of that order to all other ad hoc lecturers It is not proper to drive them to this court for securing similar relief. We make it clear that the petitioner and other similar ad hoc teachers are entitled to the benefit of the order of this court. These observations, in our opinion, are sufficient to safeguard the interest of the petitioner. The writ petition is accordingly disposed of.
(3.) A similar situation is before us also that on account of failure of respondent to determine the vacancies year -wise and make recruitment in terms of Part -IV of the Rules a stagnation has been ordered and number of teachers has to face recruitment every year.;


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