RAKESH MATHUR Vs. STATE

JUDGEMENT

(1.) Since all these petitions as per Schedule appended herewith involve common question, hence at joint request, were heard together and are being disposed of by present order.

(2.) Grievance of the petitioners is that that petitioners were engaged/appointed as Vidhyarthi Mitra on contract basis till the persons regularly selected by Rajasthan Public Service Commission (RPSC) and Departmental Promotion committee are made available. However, services of persons who were similarly situated while working as Vidhyarthi Mitra were terminated by respondents. Some of the petitioners have raised their grievance that despite judgment dt.08/05/09 of the Court and directions issued by State Government, they have not been permitted to work/discharge duties as Vidhyarthu Mitra.

(3.) Counsel jointly submit that the issue raised in instant petitions has been examined by this Court vide judgment dt.15/02/2010 in Kokila Sharma & Ors. Vs. State (CWP-8969/2009 & cognate cases, wherein this Court took note of judgment dt.08/05/2009 in a bunch of 633 writ petitions (CWP-4652/2009 & cognate cases) and so also stay order dt.16/12/09 passed by Division Bench in SA(W)-1237/2009 & 525/2009, and finally observed ad infra: In the light of what has been observed in CWP-4652/2009 vide judgment dt.08/05/2009 alongwith directions quoted (supra), all these writ petitions as per Schedule A attached herewith stand disposed of; and the District Education Officer/concerned officer will also ensure that in the light of judgment (supra), the petitioners shall be permitted to join and discharge their duties as Vidhyarthi Mitra; however, it would be subject to afore quoted stay order and final outcome of special appeals (SA(W)-1237/09 & 525/2009 besides cognate appeals) would be binding upon all the petitioners, as well. No costs. However, Government Counsel submit that necessary facts have not been made available by the petitioners. But this fact could not have been controverted that the petitions relate to termination of persons having been engaged/appointed as Vidharthi Mitra on contract basis till persons regularly selected by RPSC & DPC are made available. As regards judgment (supra), it has not been disputed by Government Counsel about controversy being decided by the Court.