ORDER :

1. Mr. Ravi Bhansali, learned Senior Counsel appearing for the respondents submitted that in the present case an interim order came to be passed in light of the order passed in the case of Devendra Singh Purawat v. State and Ors. ; S.B. Civil Writ Petition No. 5745/2018, which order has been vacated by Coordinate Bench of this Court on 30.10.2019, pursuant to an application under Article 226(3) of the Constitution of India filed by the respondents.

2. It was submitted that against the order dated 30.10.2019 vacating the interim order, said Devendra Singh Purawat had preferred an intra court appeal which came to be rejected by the Division Bench vide its judgment dated 16.12.2019.

3. Learned senior counsel submitted that the petitioner was a contractual employee whereas regular recruitments have taken place, whereafter the respondents do not require the petitioner's services inasmuch as private respondent has been engaged through regular selection process.

4. Learned senior counsel submitted that in light of the aforesaid, not only the interim order deserves to be vacated but the writ petition itself deserves to be dismissed.

5. Heard.

6. In the case of Devendra Singh Purawat (supra), while vacating the interim order a Coordinate Bench of this Court has practically pronounced upon petitioner's rights; the petition was however kept pending in order to protect petitioner's right of regularisation in term of the circular dated 08.05.2019 as had been prayed by learned counsel for the petitioner. Relevant extract of the order in Devendra Singh's case reads thus:

“In the entire petitions, it is not the case of the petitioners that the respondents have recruited more persons than what was advertised in the year 2013 by the RPSC. In fact, the petitions are totally silent on the said aspect except for indications that posts created in the year 2017-18 have been filed from incumbents from recruitment, which was initiated in the year 2013 and concluded in the year 2018. As such ration of the judgments in the case of Prem Singh (supra) and Ashok Kumar (supra), has not application to the facts of the present case.

Once the recruitment has taken place for the post of Clerk Grade-II by the respondents, it is well within the powers of the respondents to accord postings at a particular place and once the postings have been accorded at the places where the petitioners are working, the consequences as indicated in the orders of employment are bound to follow.

By way of reply to the application under Article 226(3) of the Constitution of India, the petitioners have sought to contend that the State by way of a circular dated 08.05.2019, has started collecting data for the purpose of regularizing the contractual employees and in case the interim orders are vacated, the petitioners will lose out on that.

Insofar as the said aspect is concerned, merely because the State in exploring the aspect pertaining to regularization of contractual employees, the petitioners cannot seek to continue on the positions on the said count.

Another aspect has been raised that the petitioners have not been paid salary, which submissions if correct, the action on part of the respondents, cannot be countenanced.

In view of the above discussion, the applications filed by the respondents under Article 226(3) of the Constitution of India, are allowed. The interim orders granted by the Court on 24.04.2018 and 27.04.2018 in respective writ petitions shall stand vacated and the stay applications shall stand dismissed.

The outstanding salary of the petitioners, if any, shall be paid to them within a period of three weeks from the date of this order.”

7. In view of the aforesaid and considering that regularly selected candidates are available and that the respondents are not in