Gopal Krishan Vyas, J. - (1.) THIS writ petition has come up upon application filed under Article 226 of the Constitution of India for deciding the writ petition in the light of order dated 06.07.2008 passed by Jaipur Bench of this Court in Appeal No. 628/2001.
(2.) IN support of his application, it is submitted by learned Counsel for the Petitioner that the Petitioner and one Motiram Bunkar were provided appointment vide order dated 04.03.1994 vide Annex. -1. Thereafter, vide order Annex. -3 dated 20.10.1999, services of the Petitioner and Motiram Bunkar were terminated. Motiram Bunkar preferred writ petition before this Court at Jaipur Bench against his illegal termination from service. Said writ petition was registered as S.B. Civil Writ Petition No. 5759/1999 and learned Single Judge decided the writ petition vide order dated 03.05.2001. Thereafter, special appeal was preferred by the Respondents and Division Bench of this Court (at Jaipur Bench) dismissed said D.B. Civil Special Appeal (Writ) No. 628/2001 vide judgment dated 06.07.2010. Contention of learned Counsel for the Petitioner is that after judgment of the learned Single Judge, Motiram Bunkar was taken back on duty vide order dated 19.04.2005 and back -wages were also allowed to him vide Annex. -9 and he is in service till today which is evident from order dated 03.02.2007.
(3.) IT is contended by learned Counsel for the Petitioner that the Petitioner filed civil suit against the same termination order before the Civil Judge (Jr. Dn.) & Judl. Magistrate, Bikaner and the said civil suit was decreed in favour of the Petitioner vide judgment dated 20.01.2004, by which, the civil Court set aside the order of termination dated 20.10.1999. Against said judgment, an appeal was preferred to the District Judge, Bikaner and the same was transferred to the Addl. District Judge No. 1, Bikaner and said appellate Court set aside the judgment of the Civil Judge (Jr. Dn.) vide judgment dated 04.05.2007 on the ground that there is no jurisdiction left with the civil Court to adjudicate upon service matter. The Addl. District Judge No. 1, Bikaner allowed the appeal of the Respondents against judgment and decree dated 03.11.2004 passed by the Civil Judge (Jr. Dn.), Bikaner in Civil Case No. 645/2003. The Petitioner after decision of the appeal preferred this writ petition immediately in the year 2007 and prayed that his termination from the services is illegal.;