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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA
Bharat Pratap Singh Shekhawat S/o Shri Santosh Singh – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. petition for not being discontinued amidst regular recruitment. (Para 1 , 2 , 3 , 4) |
| 2. application of the first proviso to rule 26 regarding employment continuity. (Para 5 , 6 , 7 , 8) |
| 3. temporary employees must yield to regular recruits. (Para 9 , 10 , 11 , 12) |
| 4. court's discretionary powers over vacant posts. (Para 13 , 14) |
| 5. court's decision to dispose the writ petition. (Para 15 , 16) |
ORDER :
1. The present writ petition has been filed with a prayer that the petitioners be not discontinued until the regular recruitment on the post of ‘Medical Officer’ takes place in the concerned District Churu.
2. Admittedly, regularly selected candidates have now been appointed at PHC Rajasar Bikaan, Block Sardarshahar, District Churu & PHC Aasalsar, Block Sardarshahar, District Churu respectively where petitioner Nos.1 & 2 are working and hence their services are sought to be discontinued.
3. Counsel for the petitioners submits that although regularly selected candidates have joined at aforementioned places but then several other vacant positions do exist in District Churu and the petitioners deserve to be adjusted qua the said vacant posts.
4. Counsel further submits that in o
Contractual employees cannot claim continuation after the appointment of regularly selected candidates, and employment rights are bound by the terms of the appointment.
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