H.R. Panwar, J. - (1.) By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks quashing of order Annex.7 dated 19.1.2008 and a direction to allow the petitioner to work as Additional Public Prosecutor in the Court of Additional District and Sessions Judge (Fast Track), Sirohi and the appointment of the respondent No.4 be declared null and void.
(2.) The facts and circumstances giving rise to the instant writ petition are that the petitioner came to be engaged as Additional Public Prosecutor in the Court of Additional District and Sessions Judge (Fast Track), Sirohi by order dated 4.9.2004 Annex.1 for a period upto 28.2.2005 on a fixed Retainership of Rs. 4000/- per month and a sum of Rs. 2000/- as Clerical Allowance. However, the engagement of the respondent No.4 by the very order Annex.1 as Additional Public Prosecutor for the said Court was brought to an end. By order dated 8.11.2005 Annex.2, the initial period of engagement was extended from 28.2.2005 to 28.2.2006 i.e. for a period of one year. Thereafter, by order dated 27.11.2006 Annex.3, the engagement was further extended for a period of one year i.e. upto 28.2.2007. The period of engagement of the petitioner as Additional Public Prosecutor came to an end on 28.2.2007 as thereafter the respondents have not extended his engagement period. By order impugned dated 19.1.2008 Annex.7, the respondent No.4 came to be engaged as Additional Public Prosecutor in the Court of Additional District and Sessions Judge (Fast Track), Sirohi on a monthly consolidated Retainer-ship of Rs. 4000/- and @ Rs. 2000/- per month clerical allowances and by the very order Annex.7, the engagement of the petitioner on the said post came to an end. Hence this petition.
(3.) It is reported that the respondent No.4 on being engaged vide Annex.7 impugned has resumed the charge of Additional Public Prosecutor in the said Court and has been functioning as such since his engagement by Annex.7.;