Kamal Purbia vs State Of Rajasthan
2023 Latest Caselaw 194 Raj

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

(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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