Bheem Singh vs Rajasthan Co-operative Dairy Federation and Others

Ashok Kumar Mathur, J.—The petitioner by this writ petition has challenged the order (Ex. 1) dated 30-10,1982 whereby his services have been terminated under Regulation 20(f) of the Rajasthan Cooperative Dairy Federation Employees (non-workmen) Service Regulations, 1980 (hereinafter referred to as the Regulations'').

The petitioner was serving as Assistant Security Officer in the Rajasthan Atomic Power Project, Rawat Bhata. This respondent No. 2, the Pasohimi Rajasthan Dugdh Utpadak Sahakari Sangh Ltd. advertised the post of Security Officer on a permanent basis. The petitioner applied for the post and he was found suitable and selected. The petitioner was appointed as an Asstt. Security Officer by respondent No. 2 by the order dated 6-4-1977. The petitioner''s services were terminated by taking resort to Regulation 20(f) of the Regulations and his services have been terminated by the order dated 30-10-1982 (Ex. 1) on the ground that the work of security has been given on contract. It is this order which has been challenged by the petitioner by filing the present writ petition.

I need not go into detailed arguments. Suffice it to say that this provisions has already been struck down by this Court in Sukh Pal Singh v. Rajasthan Co-operative Dairy Federation Ltd (S.B.C.W. No. 1578 of 1984 decided on 17-4-1985) at Jaipur Bench by Hon''ble Agrawal, J. This judgment has already been affirmed by the Division Bench of this Court in R.C.D.F. v. Sukhpal Singh (D.B. Special Appeal No. 203 of 1985 decided on 10-7-1985).

Thus, when the provision has been struck down by this Court and the same has been affirmed on the basis of a series of judgments of their Lordships of the Supreme Court, the writ petition is allowed and the order dated 30-10-1982 is set aside. The petitioner is entitled to all consequential benefits.