MAGANLAL Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India, filed by the petitioners for mandamus, directing the State of Rajasthan and other two respondents not to terminate their services and to regularise them on the ground that the termination of their services in the Directorate of the State Insurance and Provident Fund Department, was illegal and invalid. The termination was occasioned due to the selected candidates having become available to the said Directorate.

(2.) IN the same controversy, the matter was taken up to Hon'ble the Supreme Court in Surendra Kumar Gyani v. State of Rajasthan reported in AIR 1993 SC 115. In that case the Hon'ble Supreme Court negatived the contention of petitioner and disposed of the matter with following observation: In our view, it is only just and proper if a pragmatic and sympathetic consideration is made in respect of the appellant and the other petitioners in the Special Leave Petitions so that if they have got the requisite qualification like similarly circumstanced persons being eligible for appointment and/or regularisation they also should be considered for appointment and for regularisation against the available vacancies so that useful service rendered by them in past may get proper recognition. It is reasonably expected that State Government should give an anxious and sympathetic consideration to the appellant and the petitioners in the Special Leave Petitions in the matter of appointment in the available vacancies according to the seniority and the length of service rendered by such persons as Daily Rated Lower Division Clerks in the said State insurance and Provident Fund Department by making appropriate provision.