MAHENDRA KUMAR SHARMA Vs. STATE AND ANR

JUDGEMENT

(1.) Instant petition has been filed by petitioner assailing order Ann. 6 Date 9.02.1996 whereby services of the petitioner were terminated from the post of LDC which he was holding on daily wages basis.

(2.) This case has slightly chequered history and this is a second round of litigation of the writ petitioner as per material which has come on record. The petitioner was initially appointed as LDC on daily wages basis on 15th November, 1985. However, his services were terminated in the Month of October, 1987 and this was assailed by filing CWP No. 726/88 before the Main Seat at Jodhpur which was decided on 5th February, 1993 in the light of judgment of Hon'ble Supreme Court in Surendra Kumar Gyani v. State of Rajasthan, 1993 AIR(SC) 115Hon'ble Supreme Court observed as under:

(3.) In the light of judgment referred to supra, this Court disposed of the writ petition preferred by petitioner - in pursuance thereof, he was reinstated in service vide order Ann. 2 Date: 8.07.1993, but by later order Date 19.02.1996 [Ann.6], his services were terminated on the premise that persons regularly selected through RPSC as LDC are made available. It will be relevant to mention that one Shri Anil Kumar Sharma, who too was terminated along with petitioner and his name finds place at Serial No. 20 in the order impugned date 19.02.1996. After long litigation, matter went up to the Apex Court and it is reported in Anil K. Sharma v. State Insurance & GPF Deptt., 2002 10 SCC 682 in pursuance thereof, it has been informed that Anil Kumar Sharma has been reinstated in service.