JAGDISH PRASAD SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Special leave granted. With consent of counsel for the parties, the appeal was heard finally. The appeal is directed against a judgment and order of the Rajasthan High Court, Jaipur Bench [dtd. 26/4/2019 in SBWMA No. 357/2017], dismissing the appellant 's application, seeking enforcement of this court 's previous judgment. [Order dtd. 19/7/2016 in Civil Appeal No 6601-6603 of 2016]

(2.) The appellants were appointed against sanctioned posts by the fourth respondent (a senior secondary school, established and controlled by the fifth respondent trust, hereafter referred to collectively as the "establishment ") in 1993. They continued to work uninterruptedly in that establishment on a regular basis. The establishment was recipient of grant-in-aid from the State of Rajasthan (hereafter, "State "). By a unilateral resolution dtd. 5/11/2008, the managing committee of the establishment decided to discontinue receipt of grant-in-aid from the State with effect from 1/4/2008. Accordingly, the State by an order dtd. 28/12/2012 ceased to grant aid with effect from 1/3/2012.

(3.) In the meanwhile, the State had framed and brought into force the Rajasthan Voluntary Rural Education Service Rules, 2010 (hereafter, "2010 Rules ") with the objective of providing security to the employees working in aided institutions, and to absorb them in the State 's service. The appellants sought their absorption with the State in accordance with the rules, by unavailingly representing in this regard. Finally, they were driven to file writ petitions before the High Court. The State had, pursuant to the rules framed by it, absorbed other employees and teachers from aided institutions, but denied this benefit to the appellants.