STATE OF RAJASTHAN Vs. SURESH CHANDRA

JUDGEMENT

(1.) THESE four appeals involve common questions of law and facts, therefore, they were heard together and are being disposed of by a common judgment.

(2.) RESPONDENT writ petitioners, viz. , Suresh Chandra filed S. B. Civil Writ Petition No. 4053/94; Badri Narain Vyas and four others S. B. Civil Writ Petition No. 2941/91, Umesh Kankariya S. B. Civil Writ Petition No. 2840/96 and Fateh Singh S. B. Civil Writ Petition No. 2440/94 seeking direction not to terminate their services; for payment of salary in the regular pay scale of Lower Division Clerk (for short `l. D. C. ') with all consequential benefits, to regularise the services and payment of arrears of salary etc. By order dated 16. 1. 97 passed in S. B. Civil Writ Petition No. 4053/94 filed by Suresh Chandra, learned Single Judge allowed the writ petition. S. B. Civil Writ Petition No. 2941/91 filed by Badri Narain Vyas was allowed by the learned Single Judge vide order dated 16. 1. 97 almost by an identical order as was passed in Writ Petition filed by Suresh Chandra. The petition filed by petitioner Umesh Kankariya was disposed of in terms of the order dated 16. 1. 97 passed in Writ Petition filed by Badri Narain Vyas and others. Writ Petition No. 2440/94 filed by petitioner Fateh Singh was allowed vide order dated 16. 1. 97 almost by a verbatim order passed in Writ Petitions No. 4053/94 and 2941/91. The appellant State of Rajasthan challenged the afore-mentioned orders passed by the learned Single Judge in the aforesaid writ petitions. To comprehend the controversy involved in these appeals, suffice it to refer to the facts in State of Rajasthan & others vs. Suresh Chandra & another (1), arising out of the order passed in Writ Petition No. 4053/94 and it is taken as a leading case.

(3.) AGGRIEVED by the orders of the learned Single Judge noticed above, the appellant State of Rajasthan filed the above noticed special appeals.