KHANGAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE contention of the petitioner is that he has approached this Court for the second time. Earlier, he came to this Court when he was retrenched on 6.10.1986, though after this retrenchment being effected, appointment for a short period from 2.2.1987 to 28.2.1 987 was given to him. He has. submitted that this Court vide its order dated 17.7.1987 passed in D.B. Civil Writ Petition No. 914 of 1987, Khangarsingh v. State and Ors. found the retrenchment of the petitioner to be invaild and ordered that he be re -instated back in service and is entitled to his back wages, which have become due to him.

(2.) IT has been contended that in spite of the order of this Court , by order dated 23.7.1 987, he has been appointed temporarily on daily wages basis and his services have been terminated by order Annexure -2 dated 29.2.1988. According to the petitioner, his termination could not have been brought about in non -compliance of the provisions of Section 25F(a) and [b) of the Act, when his earlier retrenchment was held to be invalid and he has been ordered to be reinstated back in service. He has already completed 240 days in a calendar year and, therefore, his services could not have been terminated vide order Annexure - 2. He could not have been given a temporary appointment vide order Annexure. 1. The petitioner has, therefore, prayed that he be paid salary of the post of L.D.C. in the pay scale of Rs. 880 -1680; that he should be granted compensation to the tune of Rs. 5,000/ - and that the respondents be further directed to pay the money due to him with interest @ 18% p.a. as and when and on and from the date though amount became payable but was not paid till the same is paid.

(3.) WE have heard Mr. M. Mridul, the learned Counsel for the petitioner and Dr. S.S. Bhandawat and Mr. S.K. Vyas, the learned Addl. Government Advocates for the State.