[2023:RJ-JD:33086] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14200/2017 Devendra Prasad Ameta S/o Madan Lal, R/o 113-Bramhpuri, Village Titardi, Tehsil Girwa, District Udaipur, Rajasthan.
----Petitioner Versus
1. The State Of Rajasthan Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.
2. The Director, Elementary Education, Bikaner, Rajasthan.
3. The District Education Officer, Elementary Education, Udaipur, Rajasthan.
----Respondents For Petitioner(s) : Mr. D.S.Sodha For Respondent(s) : Mr. Pankaj Sharma, AAG assisted with Mr. Deepak Chandak JUSTICE DINESH MEHTA Order 05/10/2023
1. Learned counsel for the petitioner submits that the issue raised in the present writ petition is squarely covered by judgment of this Court in the case of Vipin Kumar Upadhyaya Vs. State of Rajasthan & Ors.: S.B.C.W.P. No. 14134/2017, decided on 26.04.2018.
2. Mr. Sharma, learned Additional Advocate General is not in a position to dispute the submissions made in this regard.
3. In the case of Vipin Kumar Upadhyaya (supra), a co-ordinate Bench of this Court, inter alia, held as under:-
"36. In light of the aforesaid observations, the present writ petitions are allowed and the (Downloaded on 12/11/2023 at 06:58:55 AM) [2023:RJ-JD:33086] (2 of 2) [CW-14200/2017] termination order passed against the petitioners by the respondents are quashed and set aside, while directing the respondents to treat them in continuous service which they available on record already in."
4. In view of the above fact situation, the writ petition filed by the petitioner is allowed. The termination order dated 27.10.2017 passed by the respondents is quashed and set aside. The petitioner would be treated continuous in service.
5. The stay application also stands disposed of accordingly.
(DINESH MEHTA),J 238-akansha/-(Downloaded on 12/11/2023 at 06:58:55 AM)
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