B.S.CHAUHAN, J. - (1.) THE instant appeal has been filed against the common judgment and order of the learned Single Judge dated 2.12.1997 passed in S.B. Civil Writ Petition No. 5592/92 challenging the termination of the services of the petitioner -appellant vide order dated 27.3.1991 and also claiming regularisation of her service, and in S.B. Civil Writ Petition No. 3461/1994 challenging the order dated 12.5.1994 terminating the services of the appellant as the appellant had been reinstated in terms of the interim order of this Court dated 22.10.1992.
(2.) THE facts, giving rise to this appeal, are that the appellant passed her Secondary School examination in the year 1975 from the Board of Secondary Education. Rajasthan, Ajmer and obtained the Diploma in Needle Work and Tailoring from the Rajasthan Mahila Vidhyalaya, Udaipur in the year 1977. The appellant was appointed on the post of Primary School Teacher by the Panchayat Samiti, Jhadol vide order dated 26.9.1984 on temporary basis for a period of six months and her services were extended from time to time, but the same came to an end in the year 1985. She was again re -appointed on temporary basis vide order dated 28.6.1985. The appellant was informed, vide order dated 14.9.1988 contained in Annexure P. 5 to the writ petition, that since the Diploma possessed by the appellant had not been recognised by the Government for appointment on the post of primary school teacher and she was not eligible to be appointed, she would be allowed to continue but her pay scale would be reduced. However, the said order was subsequently withdrawn vide order dated 7.1.1989. The appellant applied for regular selection on the post in question. However her claim was rejected vide order dated 14.8.1988 as she was not possessing the requisite qualification and her Diploma in Needle Work and Tailoring was not the required eligibility and her services were terminated vide order dated 27.3.1991 with effect from 1.4.1991 on the ground that duly selected candidates had become available and her services were not more required. Being aggrieved and dissatisfied from the order dated 27.3.1991, the appellant preferred S.B. Civil Writ Petition No. 5592/92 and this Court passed the interim order on 22.10.1992 directing the respondents to reinstate the appellant and pay her the salary regularly and this interim order was complied with by the respondents. The services of the appellant petitioner were again terminated by the respondents vide order dated 12.5.1994, contained in Annexure 18 to the writ petition, on the ground that the Hon'ble Supreme Court had decided the aforesaid Civil Appeal No. 7031/93, State of Rajasthan v. Shyam Lal Joshi : (1994)IILLJ656SC ; according to which the appellant was not possessing the requisite qualification and, thus was not eligible for the said post. The said order was, however, passed terminating the services of a large number of teachers. Being aggrieved and dissatisfied, the appellant -petitioner challenged the said order dated 12.5.1994 by filing S.B. Civil Writ Petition No. 3461/94 and this Court, vide Order dated 27.7.1994, directed the respondents to take the appellant -petitioner in employment until further orders. Respondents filed an application on 5.12.1994 under Article 226(3) of the Constitution of India. However, this Court extended the interim order passed earlier without considering the application under Article 226(3) and both the matters were ultimately finally heard and dismissed by a common judgment dated 2.12.1997. Hence this appeal.
(3.) AS the matter relates to temporary services of the appellant, who had been allowed to continue in service for several years by the interim orders of this Court, the learned Counsel appearing for the parties requested the Court to dispose of the appeal at the Admission Stage hence the appeal was finally heard.;