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2019 Supreme(Raj) 2422

ASHOK KUMAR GAUR
Pinki Kumari – Appellant
Versus
State of Rajasthan, Thr. Secretary To The Govt. , Department Of Education – Respondent


Advocates Appeared:
Mr. Nawal Singh Sikarwar, Advocate, for the Appellants; Mr. Y.S. Jadaun, Advocate, for the Respondents

JUDGMENT

1. Learned counsel appearing both the parties submit that similar controversy has been decided by the Division Bench in D.B. Civil Special Appeal (Writ) No. 1231/2017 [State of Rajasthan & Ors. v. Kusum Devi & Ors.] and other connected appeals decided by common order dt.20.03.2018.

2. Learned counsel for the petitioners submits that the petitioners were also appointed under the Sarve Shiksha Abhiyan Project and the petitioners due to exercise undertaken by way of advertisement dt.19.05.2015, approached this Court apprehending their termination in pursuance of advertisement. Learned counsel submits that right of the petitioners has been recognized by this Court and they have been allowed to continue.

3. Mr. Y.S. Jadaun, counsel for the respondents submits that the petitioners are no more in service and as such they cannot be reinstated.

4. This Court finds that the Division Bench in the case of State of Rajasthan & Ors. v. Kusum Devi & Ors. (supra), disposed of the special appeals on the basis of agreed order. The relevant portion of the said judgment is reproduced hereunder:-

    "As prayed by the parties, following agreed order is passed for disposal of these appeals.

      (i) It is agr

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