This order dismisses the writ petition of pensioners appointed under the Vidhyarthi Mitra Yojana. The Court held that they are not entitled to regularisation, equal pay, or salary during summer vacations, following prior decisions.
The writ petition was disposed of in the terms of precedent; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
SBCWP No. 3714/2009. Ram Chandra & Ors. Vs. The State of Rajasthan & Ors. [ 1 ]
S.B. CIVIL WRIT PETITION NO. 3714/2009.
Ram Chandra & Ors. Vs. The State of Rajasthan & Ors.
Date of Order :: 2nd November 2011.
HON'BLE MR. JUSTICE DINESH MAHESHWARI
Mr. Sunil Beniwal, for the petitioners. Mr. Ashwini Gehlot, Govt. Counsel, for the respondents.
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BY THE COURT :
The petitioners, who had appointed under the Vidhyarthi Mitra Yojna, have filed this writ petitions seeking the reliefs, that they were entitled to be continued in service till regular selections were made, to be paid regular pay-scales for the category of posts held by them and for other reliefs.
It is not in dispute that similar nature petitions and appeals have already been considered and decided by this Court in various orders with certain directions essentially to the effect that the respondents shall consider the cases of similarly placed petitioners for continuation in service until regular selections were made but with the observations that such petitioners shall not be entitled for salary during the period of summer vacations. Further, in the decision rendered by a Division Bench of this Court in the case of Rajendra Kumar
SBCWP No. 3714/2009. Ram Chandra & Ors. Vs. The State of Rajasthan & Ors. [ 2 ]
Saini & 126 Ors. Vs. State of Rajasthan & Ors., reported in 2010(1) WLC (Raj.) 171, a Division Bench of this Court has held that the petitioners are not entitled to claim regularisation on the post on which appointments were given on contractual basis; that the appellants-petitioners, not appointed as per the recruitment rules, are not entitled to make a claim for equal pay; and they are not entitled to make a claim of salary for summer vacations.
It is hardly in dispute that the position aforesaid squarely applies to the present petitioners too.
Accordingly, this writ petition also stands disposed of in the light and in terms of the applicable decisions of this Court, including that in Mahesh Khoja & Ors. Vs. State of Rajasthan & Ors., CWP No. 3452/2009 decided on 18.05.2009 and Rajendra Kumar Saini (supra) in the same terms. No costs.
(DINESH MAHESHWARI), J .
/Mohan/
1 issue framed by the court
Whether petitioners appointed under Vidhyarthi Mitra Yojana are entitled to regularisation on the post held by them.
Colour shows how this judgement treated each authority
Rajendra Kumar Saini & Ors. Vs. State of Rajasthan & Ors.Followed¶10
Rajendra Kumar Saini & 126 Ors. Vs. State of Rajasthan & Ors., 2010(1) WLC (Raj.) 171
Mahesh Khoja & Ors. Vs. State of Rajasthan & Ors.Followed¶14
Mahesh Khoja & Ors. Vs. State of Rajasthan & Ors., CWP No. 3452/2009
Ram Chandra & Ors.
The State of Rajasthan & Ors.
DINESH MAHESHWARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
