JUDGMENT 1. - The present writ petition has been filed by the petitioner with the grievance that despite an appointment order dated 15th July, 1988 in his favour as Field Worker in the Medical & Health Department of the Government of Rajasthan, in pursuance of which he had already joined on 28th July, 1988, as per the order Ex.2, he was informed by the letter dated 4th August, 1988 by the Dy.C.M.&H.O., Malaria), Ajmer that it was not possible to treat him on duty. His appointment is approved by the Joint Director, Medical & Health Deptt., Government of Rajasthan. Against this order dated 4th August, 1988, the present writ petition has been filed. When this matter came up before the Court on 28th August, 1988 a notice was issued to show cause as to why the writ petition be not admitted and allowed. On the very same date i.e. 28th August, 1988 an interim order was passed staying the operation of the impugned order dated 4th Aug.,1988 (Ex.3). It has been given out by Shri Surana that the petitioner is continuing in the service on the post of Field Worker in terms of the interim order dated 28th Aug.,1988. The factual position that the petitioner is continuing in service has been admitted in para 6 of the reply, wherein it has been stated that in fact at present the petitioner is being continued under the orders of this Court. A rejoinder to the reply has also been filed. In this rejoinder, the petitioner has given out a list of about 21 employees who had been given appointment in the same manner and on identical terms and conditions with a mention of six months or till the availability of surplus employees,whichever is earlier. It has been submitted by Shri Surana that all these 21 employees who had been appointed in an identical manner and on identical terms and conditions are still continuing in service and the vacancy is very much available against which the petitioner can be continued as Field Worker. Shri Surana has submitted that even otherwise the petitioner being a member of Scheduled Castes is entitled to an appointment against the vacancy reserved for Scheduled Castes and such vacancies are avail,able in the department. This factual position has not been controverted. Shri Surana has submitted that even otherwise the petitioner being a member of Scheduled Castes is entitled to an appointment against the vacancy reserved for Scheduled Castes and such vacancies are avail,able in the department. This factual position has not been controverted. In the facts of the case when similarly situated persons are continuing in the service and the vacancies reserved for Scheduled Castes is available against which the petitioner can be continued as Field Worker and when the petitioner fulfils the requirement for appointment on the post of Field Worker, there is no justification is not allowing the petitioner to continue in service. 2. I find that the order, as was passed against the petitioner, was uncalled for, and hence the same is set aside. 3. The writ petition is, therefore, allowed and it is directed that the petitioner shall be allowed to continue in service till the regularly selected candidates are available against the post of Field Worker in accordance with rules and in accordance with Articles 14 and 16 of the Constitution of India. 4. The writ petition is allowed as indicated above, with no order as to costs.Writ Petition Allowed. *******