- (1.) This special appeal is directed against the order dated 9.10.1991 by which the learned Single Judge disposed of as many as 141 writ petitions filed before him. The learned Single Judge in the ultimate para ..of his order had given the following directions :
(2.) These writ petitions are, therefore, disposed of in the following manner : (1) Claim of the petitioners for quashing of the orders of termination of their services and for their reinstatement in service is rejected. (2) The respondents, should, however, pay to the petitioners salary for the entire period for which their appointments have subsisted. They shall also get one month's salary. This payment shall be made within a period of three months of submission of certified copy of this order; (3) The respondents should determine the vacancies in class IV service for the entire Medical & Health Department within a period of three months of the date of receipt of copy of this order and make regular appointments against these vacancies in accordance with the provisions of Rajasthan Class IV Services (Recruitment and other service Conditions) Rules, 1963. The respondents should take into account those vacancies against which casual or daily wage earners are working at present. Preference should be given in appointment to those candidates who were appointed as daily wagers or who were appointed on part time basis. Those candidates, who were appointed on daily wages or on part-time basis, should be treated as within age limit for the purpose of being appointed afresh on the basis of vacancies determined as per the Court's direction; (4) The Government should not make appointment on daily wage basis in future. However, if any contingency exists or arises in future for specified work of short duration, Government may engage part-time employee or enter into agreement for appointment on contract basis, with the emergent situations and such engagement/appointments shall not continue beyond a period of three months. (5) The Government should expedite the enquiry in the matter of alleged irregularities in the making of appointments and the recovery from defaulting officers/employees. (6) Parties are left to bear their own costs." It was contended by the learned counsel for the appellant that the directions of the learned Single Judge are such which cannot be complied with because many of the persons who have been given appointments, on inquiry were found to be fictitious names, persons who are not in existence. He further contended that there are some posts which are part-time sanctioned posts and it is not possible to give appointments to them, but we are unable to agree with the learned counsel for the appellant. So far as the direction No. 1 extracted above in the order of the learned Single Judge is concerned, the learned counsel for the appellant has nothing to say and has not raised any grievance. He has raised the grievance in respect of the directions No. 2, 3 & 4 which have been extracted above.
(3.) So far as the direction No. 2 extracted above in the order of the learned Single Judge is concerned, it will be seen from a bare reading that the learned Single Judge has directed that the petitioners before him should be paid salary for the entire period for which their appointments have subsisted, and they should also get one month's salary. In our opinion, one who has actually worked and whose appointment has been in subsistence, is entitled for the salary for the period he worked. Even in the case of temporary employees, their services can be terminated only after one month's notice and the learned Single Judge in the case of the petitioners before him directed that they will also be entitled to get one month's salary. We are of the opinion that the order of the learned Single Judge is just and equitable and does not call for any interference.;