Rajasthan High Court - Jaipur
Neeraj Shyam Tiwadi Son Of Shri Vijay Pal ... vs State Of Rajasthan on 31 May, 2019
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 9838/2019
1. Neeraj Shyam Tiwadi Son Of Shri Vijay Pal Sharma, Aged
About 33 Years, Resident Of Village And Post Ballabhgarh,
Tehsil Bhuswar, Distt. Bharatpur. (Worked As Vocational
Trainer Of Automobile At Govt. Sen. Sr. School, Weir,
Distt. Bharatpur).
2. Mahesh Kumar Sharma Son Of Shri Yagya Dutt Sharma,
Aged About 46 Years, Resident Of Plot No.10, Marudhar
Nagar, D.c.m., Ajmer Road, Jaipur. (Worked As Vocational
Trainer Of Automobile At Govt. Sen. Sr. School,
Jaisinghpura Khor, Distt. Jaipur).
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of School Education, Secretariat, Govt. Of Rajasthan,
Jaipur Raj.
2. Director, Secondary Education, Bikaner, Rajasthan.
3. Chief District Education Officer And Ex-Officio, District
Project Coordinator, Samagra Siksha Abhiyaan, District
Ajmer, Raj.
4. State Project Director, Rajasthan Council Of School
Education, Jhawarlal Nehru Marg, Jaipur.
5. Commissioner Rajasthan Council Of School Education,
Jhawarlal Nehru Marg, Jaipur.
6. Indian Institute Of Skill Development Pvt. Ltd., B-13,
Infocity, Sector-34, Near Niit, Gurgaon, Haryana Through
Its Director.
----Respondents
For Petitioner(s) : Mr. S. Gaharana Adv. & Mr. G.K. Sharma Adv.
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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
31/05/2019
Counsel for the petitioner submitted that the petitioners were initially appointed as Vocational Trainer of Automobiles through placement agency.
Counsel submitted that the petitioners after initial appointment were confirmed by the placement agency i.e. Indian Institute of Skill Development. Counsel submitted that initially the respondents had issued an order dt. 11 th February, 2019, whereby they had decided to continue the vocational trainers upto 28 th February, 2019 and after such period vocational trainers were to be employed on need base.
Counsel submitted that the said order dt. 11 th February, 2019 issued by the respondents was challenged before this Court and this Court in S.B. Civil Writ Petition No. 4043/2019 (Dheeraj Kumar Sharma & Ors. Vs. State of Rajasthan & Ors.) vide order dt. 25th February, 2019 had stayed the operation of order dt. 11th February, 2019.
Counsel submitted that after interim order passed by this Court, the respondents issued an order dt. 28 th February, 2019, wherein they canceled their earlier order dt. 11 th February, 2019, and further vocational trainers were allowed to continue as per the terms of the agreement entered into between the parties.
Counsel for the petitioner submitted that the respondents issued an order dt. 20th May, 2019, whereby they have provided different dates of the various contracts which have been entered into between the respondents and the service providers and name of the service provider of the petitioner appeared at Serial No. 6 (Downloaded on 29/06/2019 at 05:38:31 AM) (3 of 3) [CW-9838/2019] i.e. Indian Institute of Skill Development Pvt. Limited and the term of the contract is said to have come to end on 31 st December, 2018.
Counsel submitted that both the petitioners have been allowed to continue up to 10th May, 2019 and now online Open Competitive Bid (OCB) for implementation of vocational courses has been issued vide bid dt. 29 th May, 2019 and last date is 19 th June, 2019.
Counsel submitted that now the respondents again want to replace the petitioners by another set of contractual employees by inviting fresh bids and such action of the respondent is contrary to the settled law that one set of contractual employee may not be replaced by another set of contractual employees.
Issue notice of writ petition as well as stay application to the respondents, returnable on 15th July, 2019.
Notices be given 'dasti', if prayed.
Till next date, the petitioners would be allowed to continue by respondents & their services will not be replaced by another set of contractual employees.
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