HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17426/2019 Subhash Sharma
----Petitioner Versus State Of Rajasthan
----Respondent Connected With
1. S.B. Civil Writ Petition No. 17427/2019
2. S.B. Civil Writ Petition No. 17428/2019
3. S.B. Civil Writ Petition No. 18406/2019
4. S.B. Civil Writ Petition No. 18421/2019
5. S.B. Civil Writ Petition No. 18809/2019 For Petitioner(s) : Dr. Sachin Acharya, Sr. Adv. with Mr. Manvendra Krishan Singh For Respondent(s) : Mr. Devam Jain for Mr. Rajesh Parihar, AGC Mr. Deelip Kawadia Ms. Nidhi Singhvi HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 06/01/2023 The matter comes up on applications filed under Article 226 (3) of the Constitution of India preferred by the respondents for vacating the interim order dated 22.11.2019.
Heard learned counsel for the parties. Learned senior counsel for the petitioner submits that the petitioners are working on different posts with the respondent- department for almost 20 years. The work of the petitioners was found satisfactory and no adverse remark or any departmental inquiry have been initiated against any of the petitioners. He further submits that it is a settled preposition of law that one set (Downloaded on 07/01/2023 at 11:34:29 PM) (2 of 2) [CW-17426/2019] of contractual employees cannot be replaced by another set of contractual employees. He, therefore, prays that the interim order granted by this court is in conformity of the provisions of law as well as the judgment of the Hon'ble Supreme Court.
Per contra, learned counsel for the respondents submits that the petitioners have no right to hold the post and the department is well within their right to issue a fresh NIT, however, he admits that no adverse action has been taken against the petitioners by the department.
Considering the submissions made at the bar and taking note of the fact that the petitioners are serving the department for almost 20 years. The application for vacation of the interim order does not merit acceptance and the same is, therefore, dismissed.
Connect with S.B. Civil Writ Petition No.18411/2019.
(VINIT KUMAR MATHUR),J 87-92-nitin/-
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