VINEET KOTHARI, J. - (1.) These two appeals have been preferred by the State against a common judgment of learned Single Judge dated 1.6.2001 deciding two writ petitions filed by the respondent-employee.
(2.) The factual matrix giving rise to the present appeals as noticed by the learned Single Judge is reiterated in brief as under:-
(3.) The respondent employee, petitioner before the learned Single Judge (hereinafter referred to as the petitioner) was initially appointed as Investigator Gr.II by a duly constituted Selection Committee in the Department of Economics and Industrial Surveys of Government of Rajasthan. He initially resumed his duty on 27th April, 1959. The petitioner along with other similarly situated employees were declared surplus by that department and was absorbed in the year 1962 in the Directorate of Medical & Health Services, Jaipur on the post of Computer and was confirmed in 1966 on the post of Computer and working as such with the Directorate of Medical & Health Services, Jaipur. The petitioner worked as such from 1962 to 1972 and was posted as Computer with the Deputy Director, Medical & Health Services, Jaipur at ESI from 1972 to 25.10.1980. On 3.12.1980 when the petitioner was working as Statistical Inspector under Medical & Health Department vide Annexure-1 dated 3.12.1980, he was appointed on purely urgent temporary basis on the post of Homeopathic Doctor in ESI Scheme for a period of six months or till a candidate selected by RPSC or any method was available whichever is earlier vide Annexure-1 in SBCWP No.4832/1991. Vide Annexure-2 dated 6.12.1980 accordingly the petitioner the Statistical Inspector in the Medical & Health Department, Jaipur was relieved w.e.f. 6.12.1980 to join his duty in the ESI Scheme as Homoeopathic Doctor and the petitioner joined as such where he continued in that capacity for a period much more than six months up-till his retirement on 31.8.1994 on attaining the age of superannuation.;