Kannaiyalal vs State and Others

K.C. Agrawal, C.J.—This is a petition under Article 226 of the Constitution filed by Kanhaiya Lal Kumhar for mandamus, directing the State of Rajasthan and other two respondents for not to terminate his service and to regularise him on the ground that the termination of his service in the Directorate of the State Insurance and Provident Fund Department, was illegal and invalid. The termination was occasioned due to the selected candidates having become available to the said Directorate.

In a similar controversy, the matter was taken to the Supreme Court, in Surendra Kumar Gyani Vs. State of Rajasthan and Another, The paragraph relevant for the disposal of this writ petition is reproduced below:

In our view, it is only just and. proper if a pragmatic and sympathetic consideration is made in respect of the appellant and the other petitioners in the Special Leave Petitions so that if they have got the requisite qualifications like similarly circumstanced persons being eligible for appointment and/or regularisation they also should be considered for appointment and for regularisation against the available vacancies so that useful service rendered by them in past may get a proper recognition. It is reasonably expected that State Government should give an anxious and sympathetic consideration to the appellant and the petitioners in the Special Leave Petitions in the matter of appointment in the available vacancies according to the seniority and the length of service rendered by such persons as Daily Rated Lower Division Clerks in the said State Insurance and Provident Fund Department by making appropriate provisions.

That being so, the writ petition is disposed of, with out any order as to costs, on the same terms and conditions as were the subject matter of direction by the Supreme Court, in the aforesaid case.