BADRI RAM NITHARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner in this Writ Petition has prayed as follows : - "it is, therefore, prayed that: - (1) by an appropriate writ, order or direction the order dated 28. 1. 1983 with the Government Circular dated 18. 5. 1976 and the order of the respondent No. 2 dated 7. 12. 1982 may kindly be declared as illegal and be quashed, the respondents be restrained from acting upon the same to the prejudice of the petitioner; (2) by a further appropriate writ, order or direction, the respondents may be directed to make payment of arrears to the petitioner for the month of January, 1983 and of any subsequent period which may become due to the petitioner. "

(2.) MR. Singhvi's contention is that Annexure-1 V is based on a Circular of the Government, which has been reproduced in the writ petition at page 4, dated 18th May, 1976 on the following subject: Adhoc/urgent temporary apppointments and Extension thereof even after regular recruitment exercising checks thereon.

(3.) THE essence of rule of law is that all Government Officers should follow the rule of law, and administrative orders which are against the statutory law, should not be enforced by the government Officers.