SUKHDEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition is the second round of litigation. At the first instance, the present petitioners preferred the writ petitions for regularization of their services on the premise that they were the persons temporarily appointed as Assistant Superintendent in the year 1995 and 1996 in Government Aided Hostels and continued to work as such for more than 10 years. The said writ petitions of the petitioners were allowed and the Special Appeals against the same preferred by the State were also dismissed. State preferred SLPs (led by Civil Appeal No.486 of 2011; State of Rajasthan and Ors. Vs. Daya Lal and Ors.) before the Hon'ble Apex Court in which a specific question was framed by the Hon'ble Apex Court as under:

(2.) Consequently, the appeals of the State were allowed and thereby the writ petitions of the petitioners stood dismissed. It is the submission of the petitioners that after the said decision, the Government appointed Administrators over all the Government Aided Hostels and the administration of the said Hostels was taken away from the NGOs running them. Thereafter the State of Rajasthan, vide order dtd. 14/7/2011, directed the hostel Superintendents of Government hostels to take over the charge of the post on which the petitioners were working, meaning thereby that the services of the petitioners were terminated and they were replaced by the Government Hostel Superintendents.

(3.) Against the said action, the petitioners preferred a writ petition being S.B. Civil Writ Petition No.8330/2014. The said writ petition of the petitioners was disposed of vide order dtd. 27/11/2014 with the directions to the respondent-authorities to decide the representation/legal notice of the petitioners within a period of two months. The representation filed on 17/9/2014 by the petitioners was rejected vide order dtd. 15/12/2015 on the premise that because of the insufficiency of the infrastructure and facilities in the aided hostels, the recommendation of the aided hostels has been suspended vide Departmental Order No.46320 dtd. 20/7/2014. Meaning thereby, all the aided hostels themselves were closed.