PUSHPA LODHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS special appeal is directed against the order dated 21. 9. 2000 passed by the learned single Judge dismissing the writ petition no. 131/2000 filed by the appellant/petitioner on the ground that the controversy involved in this case was fully covered by the judgment of Jaipur Bench of this Court in case of Smt. Vimla Kumari Bhargava etc. vs. State of Rajasthan and Others (1 ).

(2.) YESTERDAY, on 23. 1. 2001, when this special appeal was placed before us, learned counsel Mr. Trivedi for the appellant submitted that no such judgment or order passed by the Jaipur Bench of this Court on 22. 10. 96, was produced by the learned AAG Mr. S. S. Bhandawat who appeared before the learned Single Judge in the writ petition and the learned Single Judge simply on the oral submission made by learned AAG Mr. Bhandawat dismissed the writ petition. In view of this, we have asked Mr. Sandeep Bhandawat, who is not appearing before us to produce before us the aforesaid copy of judgment and order dated 22. 10. 96 by the Jaipur Bench of the Court.

(3.) IN our considered opinion, it does not lie good in the mouth of the respondents that it is their discretion to terminate the services of some one or to reinstate some one. There cannot be a better example of violation of Articles 14 and 16 of the Constitution than the one in hand before us. It is not open to the respondents to act arbitrarily to terminate the services of one on the ground that he/she was appointed prior to 1992 and reinstate a person after the termination on the ground that he/she was appointed prior to 1992.