PAWAN KUMAR YADAV, AGED ABOUT 46 YEARS, S/O RADHEY SHYAM YADAV, R/O BRAHMPURI KA MOHALLA, WARD NO.11, POST CHOMU, DIST. JAIPUR Vs. STATE OF RAJASTHAN THROUGH SECRETARY, (AYURVED) GOVERNMENT OF RAJASTHAN, JAIPUR

JUDGEMENT

(1.) The present appeal arises from order dated 19.09.2014 dismissing S.B. Civil Writ Petition No.7654/2012. The learned Single Judge held that the earlier S.B. Civil Writ Petition No.4015/2002 preferred by the appellants having been dismissed on merits and D.B. Civil Special Appeal(w) No.2625/2011 preferred against the same having been withdrawn on 06.04.2102, there was no merit in the writ petition, even if liberty had been granted in appeal to file a fresh writ petition pursuant to the order dated 01.05.2009 passed by the respondents authorities in pursuance of certain orders passed in S.B. Civil Writ Petition No.2393/2002 and other cases preferred by certain others and appeals against which were unsuccessful.

(2.) Learned counsel for the appellants submitted that the appeal was withdrawn reserving the right to pursue matters further in accordance with law consequent to the fresh order of the State Government dated 01.05.2009, by which respondent Nos.3 to 5 who had lesser marks than the appellants were re-appointed consequent to the order of the Court. Since earlier the private respondents had also been terminated, the order of their reinstatement on 01.05.2009 naturally gave a fresh cause of action to the appellants and the learned Single Judge erred in holding that the liberty granted in the appeal to the appellants was inconsequential.

(3.) We have heard Counsel for the respondents also.