JUDGEMENT
-
(1.) This writ petition has been filed by the
petitioner assailing the order passed by the
respondents dated 3/12/2009 (Ann.10) whereby,
explanation of the petitioner was called for, order
dated 9/12/2009 (Ann.11) whereby, services of the
petitioner were terminated and she was relieved and
the order dated 5/2/2010 (Ann.14) whereby,
contractual term of Lecturers appointed was
extended from 28/2/2010 to 30/4/2010 pursuant to
the orders passed by this Court however on the
original terms and conditions of contract.
(2.) Petitioner was appointed as Lecturer on
contract basis vide order dated 30/11/2007 (Ann.1)
from 30/11/2007 till 28/2/2008 or till the
availability of duly selected candidates from the
RPSC, on a consolidated payment of Rs.7950/- per
month. Her services were initially discontinued
vide order dated 28/2/2008 (Ann.2) however, she was
again appointed vide order dated 21/7/2008 (Ann.4)
on the same terms and conditions till 28/2/2009.
This appointment was also made on contract basis
and for which, a separate contract was executed
between the petitioner and the respondents.
Thereafter, her services were again terminated for
the second time on 28/2/2009 (Ann.6). Then,
petitioner was reinstated in service vide order
dated 28/7/2009 pursuant to the judgment of this
Court dated 22/5/2009 passed in S.B. Civil Writ
Petition No.2711/2009 (Jagdish Prasad & Ors. Vs.
State of Rajasthan & Ors.). Her services were then
again discontinued third time vide order dated
9/12/2009 (Ann.11), which is the last order and
which is subject-matter of challenge in the present
writ petition.
(3.) Shri Rajvir Sharma, learned counsel for
the petitioner has argued that this Court while
deciding batch of writ petitions in S.B. Civil Writ
Petition No.5238/2009 (Ms.Savita Samriya Vs. State
of Rajasthan & Ors.) decided on 22/5/2009 held the
termination of term of contract of the petitioners
during the continuation of the availability of the
vacancies of College Lecturers arbitrary and
illegal and respondents were restrained from
appointing substitute College Lecturers for the
session 2009-10 against the vacancies on which the
petitioners were appointed. As regards continuation
of the petitioners after reopening of the colleges
from 1/7/2009, the respondents were directed to
consider the claim of the respective petitioners on
priority basis for the session 2009-10 and pass
appropriate orders. It was however held that
petitioners shall not be entitled to the fixed
amount as referred to in the appointment letter for
the period of closure of the respective colleges
for summer vacations.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.