RAJESH BALIA, J. - (1.) IN all the writ petitions, list of which is annexed as Schedule 'A', have arisen in almost similar circumstances and the petitioners have sought common reliefs.
(2.) FOR the present purpose, it may be submitted that petitioners in all the above -mentioned cases were appointed Junior Engineers under various Schemes floated by the respondents to provide better rural employment from time to time under different nomenclatures, ultimately merging into Jawahar Rozgar Yojna. All the petitioners were appointed under different employment agencies, may be Panchayat Samiti or District Rural Development Agency, directly. The appointments were given for a fixed term and were not extended after the relevant date on which their employment came to an end. The termination of their employment is challenged on various grounds, particularly with reference to the provisions of Industrial Disputes Act, 1 947 (hereinafter referred to as 'the Act of 1947') and on the ground that while the Scheme continued, their services have been terminated, In some cases return have been filed. However, now it is common ground between the parties that all the 254 posts of Jr. Engineers created under Jawahar Rozgar Yojna, at various Panchayat Samities/D.R.D.As., were abolished with effect from 2Sth February, 1991 by order dated 24th April, 1991 and the posts now do not exist under the Jawahar Rozgar Yojna at various employing agencies in question. In the wake of order dated 24th April, 1991, as a result of non -extension of 254 posts created under Jawahar Rozgar Yojna beyond 28th February, 1991, the persons whose services were being utilised as Junior Engineer in various Panchayat Samities/D.R.D.As., either as a result of being appointed directly by the Panchayat Samiti/D.R.DA or by allowing a person to occupy the post under Jawahar Rozgar Yojna as a result of deputation from other department where they were initially appointed, came to an end. 36 of such cases were considered in a bunch of writ petitions in S.B. Civil Writ Petition No. 5368 of 1 990 - Riyaz Ali v. State of Rajasthan and Ors. and connected cases, decided on October 7, 1991 by learned Single Judge of this Court at Jaipur. In said cases, the following questions were raised: (1) Whether the abolition of posts under Jawahar Rozgar Yojna was malafide exercise of powers ? (2) Whether the termination of services as a consequence of malafide abolition of posts is invalid and the petitioners are entitled to be reinstated ? (3) Whether the termination of services was otherwise invalid being violative of the provisions of Industrial Disputes Act, relating to valid retrenchment? (4) Whether persons who were appointed with various Panchayat Samities/D.R.D.As. as a result of deputation after being appointed by the Agriculture Department of the State, is invalid because postings on deputation was purely a fortuitous circumstance and the termination of service of those sent on deputation is not in accordance with the seniority of the persons appointed by the concerned State Department, which has resulted in retaining junior persons appointed by the same process of selection while service of senior persons have been terminated ?
(3.) THE Court answered these questions as detailed hereinafter.;