KEWAL RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner is a Scheduled Caste person. He was appointes as Group Sachiv on ad hoc basis in Panchayat Samiti Sri Karanpur vide order dated 6th February, 1980 by the Vikas Adhikari of the Panchayat Samiti, Sri Karanpur. He was posted at Gram Panchayat Arayan Kaminpura. This appointment was further extended for 6 months from 13th October, 1980. The petitioner apprehended that perhaps his services may not be extended, he filed a suit and obtained an interim injunction and thereafter this stay order was confirmed on 26th May, 1982. But before this order could be granted maintaining status quo, the petitioner was relieved, therefore he was not taken back in service. He preferred an appeal before the District Judge, Ganganagar, but without any result. Since a number of writ petitions identical in nature were filed before this Court, therefore the petitioner has filed the present writ petition submitting that the Panchayat Samiti being an industry the petitioner's services cannot be dispensed with without following the procedure contemplated under Section 25F of the Industrial Disputes Act.

(2.) A return has been filed by the respondent and it has been submitted that the initial appointment of the petitioner was subject to the availability of the duly selected candidates and duly selected candidates were made available by the Commission, therefore, the petitioner's services are being dispensed with.