ANITA KOTHARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD counsel for both the sides. It appears that a similar matter has been disposed of by this court on August 24, 1987, in Writ Petition No 317 of 1987 wherein this court directed:

(2.) AFTER hearing learned counsel for the parties, we allow the writ petition and direct the respondents to continue the petitioners in service until persons regularly selected by the Punjab Service Commission are appointed to the posts presently held by the petitioners and join these posts. These petitioners who have been appointed to posts in leave vacancies will continue in these posts until the employees who have proceeded on leave return and join these posts. We dispose of this writ petition by adopting that order subject to one clarification that the State of Punjab would not be permitted to terminate the services of any of the petitioners by transferring a regular recruit from another institution to any institution where any of the petitioners may be serving. Termination would be valid only when direct recruits through the Public Service Commission are recruited to such posts. Sd/ - RANGANATH MISRA, J Sd/ - S. RANGANATHAN, J. This was followed by another judgment in Raiblndersingh v. State of Punjab and Ors. (1988 SCC (Suppl.) 428). It reads as under:

(3.) A similar situation is before us also that on account of failure of respondent to determine the vacancies year -wise and make recruitment in terms of Part -IV of the Rules a stagnation has been ordered and number of teachers has to face recruitment every year.