Veerender Singh Siradhana, J. - (1.) THE petitioner, in the instant writ application, aggrieved of his non -re -employment, has approached this Court praying for the following relief(s): - - "(i) By issuing an appropriate writ, order or direction the order dated 4/5.12.1997 be quashed and set asided and the respondents be directed to take the petitioner back on duty on the same conditions on which other similarly situated persons has been taken on duty in pursuance of the agreement dated 7/10/96 as evident from order dated 26/10/96 on the post of Assistant Project Officer immediately w.e.f. the date similarly situated persons have so been reemployed with all consequential benefits. (ii) By an appropriate writ order or direction the respondents be directed to pay the due salary to the petitioner from the month of October, 96, the month he was to be given reemployment as per the agreement dated 7/10/96. (iii) Any other appropriate order writ, order or direction this Hon'ble Court deem think fit and proper may kindly be passed in favour of the petitioners. (iv) Costs of the writ petition may also be awarded in favour of the petitioners from the respondents."
(2.) BRIEFLY , the skeletal material facts essential for appreciation of the controversy raised in the instant writ application needs to be first noticed. The petitioner initially appointed in the year 1976, was accorded promotion on the post of Assistant Project Officer in Rajasthan Cooperative Dairy Federation (RCDF), on 17th January, 1989. On 7th March, 1990, he was transferred to Bharatpur Milk Union from his earlier posting at Ajmer Milk Union, Ajmer. Services of 38 employees, including the petitioner, were terminated vide order dated 19th August, 1996. The termination of the employment aforesaid was also subject matter of SBCWP No. 4327/96, decided on 20th March, 2001; in view of agreement arrived at between the Management of RCDF and the Representatives of Rajasthan Dairy Karamchari Mahasangh, in consultation and with the consent of the Managing Directors of all the Milk Unions under RCDF. It is pleaded case of the petitioner that according to the 'settlement' arrived at between the parties, the 'retrenched' employees of the Bharatpur Milk Union, were to be reemployed in the various Milk Unions, within a period of ten days. The petitioner was not accorded re -employment and therefore, instituted the present writ proceedings.
(3.) LEARNED counsel for the petitioner Mr. Rajendra Soni, reiterating the pleaded facts and grounds of the writ application asserted that the RCDF was obliged to carry out the 'settlement' arrived at between the parties, in view of guidelines issued vide communication dated 26th October, 1996 (Annex.1).;