Rajasthan High Court - Jodhpur

Manish Godara vs State Of Rajasthan (2025:Rj-Jd:3752) on 21 January, 2025

Author: Dinesh Mehta

Bench: Dinesh Mehta

[2025:RJ-JD:3752]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1740/2025

1. Manish Godara S/o Naina Ram, Aged About 30 Years, Resident Of Godara Ka Bas, Khangata, District Jodhpur.

2. Devendra Choudhary S/o Aadu Ram, Aged About 29 Years, Resident Of Village Baori, Post Lavera, District Jodhpur.

3. Dalip Singh Gurjar S/o Hari Singh, Aged About 25 Years, Resident Of Gurjaro Ki Dhani, Harsolav, District Nagaur.

4. Suresh Choudhary S/o Mehra Ram, Aged About 25 Years, Resident Of Jato Ki Dhani, Banar, Jodhpur.

5. Mahesh Jaipal S/o Manak Ram, Aged About 38 Years, Resident Of Dr. B.r. Ambedkar Nagar, Sathin, District Jodhpur.

6. Mahendra Kumawat S/o Jai Ram, Aged About 34 Years, Resident Of Bijasani Marg, Bera Satmargiya, Tehsil Bilara, District Jodhpur.

7. Kuldeep Sonigara S/o Babu Lal, Aged About 35 Years, Resident Of Behind New Alok School, Harsh Road, Bilara, District Jodhpur.

8. Bhavika Sharma W/o Arun Dutta Gangawat, Aged About 35 Years, Resident Of Chune Ki Chowki, Brahmapuri, Jodhpur.

9. Manish Agarwal S/o Shanker Narayan Agarwal, Aged About 42 Years, Resident Of Sonaro Ki Ghati, Sarafa Bazar, Jodhpur.

10. Sanjana Jahel D/o Bhanwar Lal, Aged About 28 Years, Resident Of Paladi Siddha, District Jodhpur.

11. Mamta Devi W/o Dinesh Kumar, Aged About 30 Years, Resident Of 440, Oran Ki Dhani, Khariya Mithapur, Jodhpur.

12. Jitendra Devpal S/o Vedvyas Devpal, Aged About 28 Years, Resident Of 47 Hariom Nagar, 18E Chopasani Housing Board, Jodhpur.

13. Lalit Acharya S/o Shyam Sundar, Aged About 30 Years, Resident Of Acharya Ka Mohalla, Bilara, District Jodhpur.

14. Lalit S/o Ramesh Nayak, Aged About 28 Years, Resident Of 71, Sector-B, Pabupura, Civil Airport Road, Jodhpur.

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15. Mukesh Choudhary S/o Mohan Singh, Aged About 33 Years, Presently Posted As Nursing Officer (Utb) At Mathura Das Mathur Hospital, Jodhpur.

16. Mohammad Farooq S/o Bagadu Mohammad, Aged About 27 Years, Resident Of Sopada Road, Bhopalgarh, District Jodhpur.

17. Devendra Singh S/o Vijay Singh, Aged About 32 Years, Resident Of Rajputo Ka Bas, Salwa Khurd, District Jodhpur.

18. Durga Kanwar D/o Puran Singh, Aged About 26 Years, Resident Of Plot No. 27 Khasra No. 110 Mahaveer Nagar, Nandari, Jodhpur.

19. Pavan Kumar Nainiwal S/o Ratan Lal, Aged About 34 Years, Resident Of Library Indra Colony, Ward No. 2, Bilara, District Jodhpur.

20. Vandana W/o Pawan Kumar Nainiwal, Aged About 32 Years, Resident Of Opposite Govt. Library, Indra Colony, Ward No. 12, Bilara, District Jodhpur.

21. Surta Vishnoi D/o Bhaira Ram Vishnoi, Aged About 32 Years, Resident Of 94 Rajiv Nagar-A, Gali No. 3, Bhadwasiya, Jodhpur.

22. Hemendra Singh Meena S/o Harajas Ram Meena, Aged About 35 Years, Resident Of Godhyala Ka Jhopada, Luhari Kallan, Bhilwara.

23. Renu Parmar S/o Ram Lal Parmar, Aged About 30 Years, Resident Of Solankiyo Ka Vas, Siwana, District Barmer.

24. Deepak Dewal S/o Onkar Dan, Aged About 29 Years, Resident Of Lawari Marg, Gadh Sooriya, District Jodhpur.

25. Shobha Devi W/o Manak Sankhla, Aged About 37 Years, Resident Of Maliyo Ki Dhani, Pipar Road, Salwa Khurd, District Jodhpur.

26. Kamlesh Meena S/o Babu Lal Meena, Aged About 33 Years, Resident Of Mohalla Meena Ka, Bajawa Rawat Ka, Jhunjhunu.

27. Umesh Kumar S/o Suresh Kumar, Aged About 28 Years, Resident Of Wahidpura, District Jhunjhunu.

28. Vikash Meena S/o Ramji Lal Meena, Aged About 28 Years, Resident Of Toliyasar, District Jhunjhunu.

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29. Ashok Dewasi S/o Hanuman Ram, Aged About 25 Years, Resident Of Devasiyo Ka Bas, Rudiya, Post Mehlana, District Jodhpur.

30. Ganpat Singh S/o Mag Singh, Aged About 30 Years, Resident Of Tinwari, District Jodhpur.

31. Kapil Senwar S/o Rampal Senwar, Aged About 27 Years, Resident Of Senwaro Ka Bas, Ratkuriya, District Jodhpur.

32. Avtar Saran S/o Ram Niwas Saran, Aged About 27 Years, Resident Of Village Ratkuriya, District Jodhpur.

33. Bajrang Lal S/o Aaphu Ram, Aged About 30 Years, Resident Of Shiv Colony, Chandna Bhakar, Jodhpur.

34. Jaswant Rana S/o Swaroopa Ram Rana, Aged About 28 Years, Resident Of Shiv Colony, Chandna Bhakhar, Jodhpur.

35. Sandeep Siyag S/o Chandra Ram, Aged About 34 Years, Resident Of Siyago Ka Bas, Burkiya, District Jodhpur.

36. Gulab Singh Saini S/o Ummed Singh, Aged About 26 Years, Resident Of Ward No. 06, Asop, District Jodhpur.

37. Bhanwar Lal S/o Mohan Lal, Aged About 33 Years, Resident Of S-16, Dr. Ambedkar Colony, Heavy Industrial Area, Jodhpur.

38. Umesh Kumar Dhanka S/o Babu Lal Dhanka, Aged About 30 Years, Resident Of Bhutala Ki Dhani, Village Narayanpur, Tehsil Thanagazi, Narayanpur, District Alwar.

39. Satyapal Singh S/o Durga Singh, Aged About 30 Years, Resident Of Near School, Ransi Gao, District Jodhpur.

40. Sarita Mundel W/o Ram Ratan Jakhar, Aged About 35 Years, Resident Of Sanjay Petrol Pump Ke Pas, Bilara Road, Bhopalgarh, District Jodhpur.

41. Anju Godara D/o Bhagirath Godara, Aged About 29 Years, Resident Of Godara Chowk, Bhopalgarh, District Jodhpur.

42. Sunita Meghwal D/o Pukhraj, Aged About 30 Years, Resident Of Merasiya Road, Khangata, District Jodhpur.

43. Bhupendra Singh S/o Sawai Singh, Aged About 25 Years, Resident Of Plot No. 12, Bhagwan Mahaveer Nagar, Nandari, Jodhpur.

44. Prakash S/o Agra Ram, Aged About 25 Years, Resident Of Maliyo Ka Bas, Bassi Nagar, Badla Basani, Tehsil Tinwari,

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District Jodhpur.

45. Arvind Verma S/o Om Prakash Verma, Aged About 29 Years, Resident Of Near Girls School, Sargaro Ka Bada Bas, Bilara, District Jodhpur.

46. Mukesh S/o Bhaira Ram, Aged About 27 Years, Resident Of Jato Ka Bas, Dhigana, District Jodhpur.

47. Deepak Purohit S/o Nand Kishore, Aged About 32 Years, Resident Of 54 Bheel Basti, Baba Ramdev Road, Masuriya, Jodhpur.

48. Trivendra Singh Bhati S/o Arjun Singh Bhati, Aged About 40 Years, Resident Of 131, Hanwat A Sector, Bjs Colony, Laxminagar, Jodhpur.

49. Abhishek Choudhary S/o Nathu Ram Choudhary, Aged About 31 Years, Resident Of Dhadhiyon Ka Bas, Bhopalgarh, District Jodhpur.

50. Ajaypal Singh Champawat S/o Man Singh Champawat, Aged About 39 Years, Resident Of Khejadali Kalla, District Jodhpur.

51. Rajesh Panwar S/o Jugal Kishore Panwar, Aged About 29 Years, Resident Of 74 Lane No. 3, Chanakya Nagar, Jodhpur.

52. Prakash Mal S/o Himmata Ram, Aged About 34 Years, Resident Of Narnavas Gali, Near Ramdev Colony, Jalore.

53. Dilip Kumar S/o Shankar Lal, Aged About 32 Years, Resident Of Rana Pratap Nagar, Jalore.

54. Arun Kumar S/o Bhanwar Lal, Aged About 40 Years, Resident Of Shera Ram Nagar, Chhila, District Jodhpur.

55. Dhanna Ram S/o Haru Ram, Aged About 29 Years, Resident Of Jasadvalo Ki Dhaniya, Ramdev Nagar, Mokheri, District Jodhpur.

56. Shivangi Mishra D/o Vikas Mishra, Aged About 25 Years, Resident Of E-253, Sumitra Sadan, Kamla Nehru Nagar, Hudko Quarter, Jodhpur.

57. Suresh Kumar Gurjar S/o Suja Ram, Aged About 35 Years, Resident Of Gurjaro Ka Bas, Khariya Meethapur, District Jodhpur.

58. Ram Chandra Manat S/o Ram Lal Manat, Aged About 32 Years, Resident Of Ward 4, Samited, Bichhiwada, District

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Dungarpur.

59. Vinita Rathore D/o Narpat Singh Rathore, Aged About 25 Years, Resident Of 204, Gali No. 3, Gandhi Nagar, Punjala, Jodhpur.

60. Virender Singh S/o Laxman Singh, Aged About 29 Years, Resident Of House No. 263, Khudiyala, District Jodhpur.

61. Dinesh S/o Bhikha Ram, Aged About 25 Years, Resident Of Khichado Ki Dhaniya, Village Haniya Post Khindakore, Tehsil Baori, District Jodhpur.

62. Bhanu Pratap Choudhary S/o Kana Ram, Aged About 27 Years, Resident Of Shergarh, District Jodhpur.

63. Virendra Jani S/o Surja Ram Choudhary, Aged About 35 Years, Resident Of Jeniyon Ka Bas, Bisalpur, District Jodhpur.

64. Shobha W/o Dinesh Karwasara, Aged About 34 Years, Resident Of Jato Ki Dhani, Dantiwara, District Jodhpur.

65. Kishore Kumar S/o Harji Ram, Aged About 33 Years, Resident Of Plot No. 96, Ramdev Nagar, Opp. Dalibai Mandir, Nandwan, Jodhpur.

66. Sunil Choudhary S/o Deepa Ram Choudhary, Aged About 30 Years, Resident Of Sarano Ki Dhaniya, Nandiya Khurd, Baori, District Jodhpur.

67. Mukesh Parihar S/o Jay Narayan Parihar, Aged About 28 Years, Resident Of Bhujiya Bera, Mathaniya, District Jodhpur.

68. Ashish Gehlot S/o Rakesh Gehlot, Aged About 31 Years, Resident Of Narayan Sagar, Sawant Sagar Bandh, Mandore, Surpura, District Jodhpur.

69. Sonu Kumar W/o Dinesh, Aged About 35 Years, Resident Of Bhomiya Ji Ka Than, Mandore Road, Kishore Bag, Jodhpur.

70. Kavita Vishnoi D/o Mohan Vishnoi, Aged About 30 Years, Resident Of Vidhya Nagar, Paota C Road, Jodhpur.

71. Deepika Chawda W/o Dinesh Goyal, Aged About 35 Years, Resident Of Tinwari Road, Mathaniya, District Jodhpur.

72. Leela Kumari W/o Manohar, Aged About 37 Years, Resident Of 11 Jaspali Marg, Jalkha, District Jodhpur.

73. Narpat Parihar S/o Achala Ram Parihar, Aged About 30

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Years, Resident Of Siwala Bera, Rajasani, Post Binjwaria, District Jodhpur.

74. Sonraj Rathore S/o Asha Ram, Aged About 31 Years, Resident Of 4106, Nirman Colony, Jodhpur.

75. Ghanshyam Singh Mertiya S/o Daulat Singh Mertiya, Aged About 34 Years, Resident Of Plot No. 146-A, Urja Vihar, Pal Road, Near Bhadu Market, Jodhpur.

76. Bhagirath Ram S/o Gopa Ram, Aged About 36 Years, Resident Of Jato Ka Bas, Modi Sothara, Mori Joshiyan, Tehsil Luni, District Jodhpur.

77. Ravindra Singh S/o Roop Singh, Aged About 25 Years, Resident Of Kagnada, Subdand, District Jodhpur.

78. Sunil Giri S/o Lal Giri, Aged About 27 Years, Resident Of Mokheri, District Jodhpur.

79. Mahendra Kumar S/o Bhanwar Lal, Aged About 27 Years, Resident Of Village Danwara, Tehsil Baori, District Jodhpur.

80. Arjun Dangi S/o Prem Sukh, Aged About 27 Years, Resident Of Village Danwara, Tehsil Baori, District Jodhpur.

81. Sheshkaran Singh S/o Sarwan Singh, Aged About 35 Years, Resident Of 243, Thanedar Ganpat Singh Ji Ki Pol, Indroka, District Jodhpur.

82. Bheekha Ram S/o Surja Ram, Aged About 27 Years, Resident Of Jatio Ka Bas, Balarwa, District Jodhpur.

83. Shubham Khatri S/o Bheem Raj, Aged About 29 Years, Resident Of Khatri House, Hospital Road, Tinwari, District Jodhpur.

84. Achano Bai Choudhary W/o Veerma Ram, Aged About 31 Years, Resident Of Village Dasaniya,tehsil Shergarh, District Jodhpur.

85. Deepak Kumar S/o Heera Lal, Aged About 29 Years, Resident Of Near Alok School, Harsh Road, Bilara, District Jodhpur.

86. Vimla W/o Sunil Karwasara, Aged About 33 Years, Resident Of Karwasro Ki Dhani, Harsolav, District Nagaur.

87. Bala Senwar W/o Oma Ram Jat, Aged About 30 Years, Resident Of Mundiyaro Ka Bas, Sathin, District Jodhpur.

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88. Chandra Prakash S/o Ghanshyam, Aged About 34 Years, Resident Of Subhash Ghat, Khatiko Ka Bas, Ward No. 2, Pipar City, District Jodhpur.

89. Varun Singh S/o Shrawan Singh, Aged About 30 Years, Resident Of Ravna Rajputo Ka Bas, Hariya Dhana, District Jodhpur.

90. Narendra Neniwal S/o Paras Mal, Aged About 30 Years, Resident Of Khatiko Ka Bas, Khariya Meethapur, District Jodhpur.

91. Ashok Meghwal S/o Jala Ram Meghwal, Aged About 32 Years, Resident Of Vishvakarma Nagar - 2, Saran Dairy, Bhadwasiya, Jodhpur.

92. Dinesh Prajapati S/o Surja Ram, Aged About 34 Years, Resident Of Near Mahadev Mandir, Ashok Colony, Mandore Road, Jodhpur.

93. Ojasvi Deora W/o Pradeep Sankhla, Aged About 30 Years, Resident Of Pahadiya Bera, Magra Punjala, Jodhpur.

94. Ummed Raj S/o Pokar Ram Choudhary, Aged About 35 Years, Resident Of 16/335, Chopasani Housing Board, Sector 16, Jodhpur.

95. Mamta D/o Babu Ram, Aged About 27 Years, Resident Of Bhakari Ki Dhani, Sindhipura, Jodhpur.

96. Jitendra Kachhwah S/o Chena Ram, Aged About 27 Years, Resident Of Kachhawaha Krishi Farm, Mathaniya, District Jodhpur.

97. Janu W/o Mahendra Singh, Aged About 35 Years, Resident Of Kachhwaha Bhawan, Nandanvan, Cheerghar, Behind Shiv Kirana Store, Jodhpur.

98. Pritika Gahlot D/o Jagdish Ram, Aged About 25 Years, Resident Of Maliyon Ka Bas, Pipar Road, Salwa Khurd, District Jodhpur.

99. Bhavna D/o Prakash, Aged About 25 Years, Resident Of Acharyon Ka Bas, Gangani, District Jodhpur.

100. Rohit Singh Solanki S/o Bhikh Singh Solanki, Aged About 30 Years, Resident Of Jaswant Thade Ki Ghati, Batta Sagar, Jodhpur.

101. Premlata W/o Daulat Ram, Aged About 37 Years, Resident Of New Bass, Balsamand Mandore Road, Jodhpur.

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102. Khushboo D/o Rawat Ram, Aged About 25 Years, Resident Of Plot No. 52, Sector 3, Ramraj Nagar, Lagriya Resort, Chokha, Jodhpur.

103. Meenakshi D/o Bhanwar Lal, Aged About 25 Years, Resident Of Senwaro Ki Dhani, Pal, Jodhpur.

104. Pooja Panwar D/o Deepak Panwar, Aged About 31 Years, Resident Of Behind Umrao Khan Petrol Pump, Ward No. 17, Jodhpur.

105. Bhawana Chouhan D/o Daya Lal Chouhan, Aged About 29 Years, Resident Of Gali No. 3, Sanjay Gandhi Colony, Pratap Nagar, Jodhpur.

106. Sandhya D/o Lal Chand, Aged About 27 Years, Resident Of Gali No. 3, Sanjay Gandhi Colony, Pratap Nagar, Jodhpur.

107. Manisha Sonel D/o Laxman, Aged About 30 Years, Resident Of Mumal Bhawan, Shivaji Nagar, Miya Ka Bera Road, Magra Punjala, Jodhpur.

108. Muksh Bheel S/o Babu Lal, Aged About 25 Years, Resident Of Bhilo Ki Dhaniya, Khokari, Tehsil Osian, District Jodhpur.

109. Sita Choudhary W/o Ghewar Ram, Aged About 31 Years, Resident Of Siyago Ki Dhani, Padasala, District Jodhpur.

110. Yogita Choudhary S/o Bhoma Ram Choudhary, Aged About 39 Years, Resident Of Godaro Ki Dhani, Dewatara, Burkiya, District Jodhpur.

111. Manju Tada W/o Ram Naresh, Aged About 33 Years, Resident Of Khumaji Saran Ki Dhani, Ratkudiya, Jodhpur.

112. Sanju W/o Manish, Aged About 33 Years, Resident Of Lavaro Ka Bas, Mailana, District Jodhpur.

113. Natwar Lal Mali S/o Gordhan Mali, Aged About 34 Years, Resident Behind Guchiyo Ki Bagechi, Matheraniyo Ki Dhanim, Maliyo Ka Bandha, Ward No. 1, Phalodi, District Jodhpur.

114. Firdous Siddiqui W/o Arif Mohammed, Aged About 47 Years, Resident Of Fatima Cottage, Near Rawat Building, Udaimandir, Jodhpur.

115. Koshlya Khichi D/o Babu Lal, Aged About 34 Years, Resident Of Khatiko Ka Bas, Mahamandir, Jodhpur.

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116. Paras Ram Bishnoi S/o Jai Kishan Bishnoi, Aged About 25 Years, Resident Of Bhiyaniyo Ki Dhani, Moolraj, Lohawat, District Jodhpur.

117. Sampat Lal Mehra S/o Veeram Dev, Aged About 30 Years, Resident Of Jata Bas, Mathaniya, Jodhpur.

----Petitioners Versus

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Services, Govt. Secretariat, Jaipur

2. The Additional Director (Admn.), Medical And Health Service, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

3. The Additional Director (Admn.), Rajmess, Directorate Medical And Health Department, Govt. Of Rajasthan, Jaipur.

4. The Principal And Controller, Dr. S.n. Medical College And Associated Group Of Hospital, Jodhpur.

5. The Superintendent Of Mathura Das Mathur Hospital, Jodhpur.

6. The Superintendent Of Mahatma Gandhi Hospital, Jodhpur.

7. The Superintendent Of Ummed Hospital, Jodhpur.

8. The Chief Medical Officer, Government District Hospital, Paota, Jodhpur.

9. The Chief Medical Officer, Shri Shivram Nathuji Tak, Government District Hospital, Mandore, Jodhpur.

                                                                  ----Respondents


For Petitioner(s)          :    Mr. Hanuman Singh
For Respondent(s)          :            -



                     JUSTICE DINESH MEHTA

                                     Order

21/01/2025

1. While informing that petitioners are working as Urgent

Temporary Basis on the post of Nursing Officer, learned counsel for

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the petitioners submitted that the controversy involved in the

present case is squarely covered by a judgment rendered by this

Court in S.B. Civil Writ Petition No.12243/2024 (Shruti

Moyal & Ors. V/s State of Rajasthan & Ors.), decided on

30.07.2024.

2. In the case of Shruti Moyal, the following order was passed:-

"1. Heard learned counsel for the petitioners.

2. The present writ petition has been filed with the following prayers:-

"A. the action of the respondents while terminating the services of the petitioners from the post of Assistant Radiographer, Lab Technician and Assistant lab Technician on the ground of availability of regularly selected Lab Technicians despite the fact that posts are still lying vacant, may kindly be declared per se illegal, arbitrary and contrary to the provisions of Constitution of India.

B. The impugned orders dated 12.07.2014 (Annexure-7) may kindly be quashed and set aside.

C. The impugned termination order of petitioner No.1 dated 10.07.2024 (Annexure-

8) and order dated 10.07.2024 (Annexure-9) by which services of petitioners No.1 have been terminated and all orders issued by the respondents in the intervening period, terminating the services of the petitioners, may kindly be ordered to be quashed and set aside.

D. The respondents may kindly be directed to reinstate the services of the petitioners

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and they be permitted to continue their services on their respective post.

E. The respondents may kindly be directed not to replace the petitioners till the agreement of the petitioners come to an end.

F. That the respondents may be restrained from dis-continuing services of the petitioners and/or the present place of posting of the petitioners may not changed."

3. Learned counsel for the petitioners submits that the petitioners were appointed on the urgent temporary basis for a period of 3 months or till the regularly selected employees are available with the respondent-Department, whichever is earlier. Learned counsel submits that the regularly selected employees are available with the respondent-Department, thus, the services of the petitioners have been dispensed with vide order dated 10.07.2024.

4. Learned counsel further submits that after the regularly selected persons having joined in the respondent-Department, still there are number of vacancies available with the respondent-Department for the post of Lab Technician and Assistant Radiographers. He, therefore, prays that the respondents may be directed that in case, there are vacancies available in the Department and they are in need of services of the petitioners, the petitioners' services can be adjusted in the nearby areas of District Pali/Beawar.

5. Considering the limited prayer of the petitioner, the writ petition is disposed of with a direction to the respondent No.7- Chief Medical and Health Officer, Beawar & respondent No.8-

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Chief Medical and Health Officer, Pali to ascertain the number of vacancies available with them in their jurisdiction and if they desire to take the services of the petitioners on the post available, the petitioners may be adjusted or accommodated to serve on those posts till the regularly selected candidates are available with the respondent-Department.

6. It is made clear that if any of the petitioner is not discharging his duties satisfactorily, the respondents will be free to discharge him from the employment.

7. Stay petition as well as other pending applications, if any, shall also stand disposed of".

3. Learned counsel for the petitioners submits that the

petitioners may be permitted to file an appropriate representation

before the respondents in the light of judgment rendered by this

Court in the case of Shruti Moyal (supra) for redressal of their

grievance.

4. In view of the above, the present writ petition is disposed of

in terms that in the event of filing a representation by the

petitioners, the same shall be considered and decided by the

respondents at the earliest preferably within a period of four

weeks from the date of receipt of such representation, keeping in

mind the law laid down by this Court in the case of Shruti Moyal