Rajasthan High Court - Jodhpur
Ghanshyam Panwar & Ors vs State (Rural Deve. & Pan. Raj.) & Ors on 19 December, 2012
Author: Gopal Krishan Vyas
Bench: Gopal Krishan Vyas
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
ORDER
S.B. CIVIL WRIT PETITION NO. 1223/2012 (Ghanshyam Ppanwar & Ors Vs. State & Ors) Date of Order :: 19.12.2012 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Dr. Nupur Bhati, for the petitioner.
Heard learned counsel for the petitioner. Petitioners in this writ petition has made following prayer :-
"A. By an appropriate writ order or direction, the order dated 9.2.2010 (Annex.5) and any subsequent order passed by the respondents for affording appointment through placement agency on the post of computer operator may kindly be quashed and set aside.
B. By an appropriate writ, order or direction the respondents may kindly be directed to afford appointment to the petitioners directly and continue the petitionrs on the post of Computer Operator until the NREGS continues. C. By an appropriate writ, order or direction, the respondents may kindly be restrained from giving the work of computer operator through private companies in NREGS Administration. D. By an appropriate writ, order or direction, the respondents may kindly be directed to restrain the placement agency from deducting Rs.1200/- from the petitioner's remuneration on monthly basis and further the petitioners be given 10% increment on yearly basis."
Admittedly, petitioners were provided appointment in the NREGA scheme through a placement agency. Their names were sponsored by the placement agency and thereafter, orders were issued for allocating work to the petitioners to work as computer operator with their machines.
Upon perusal of the appointment order, it is revealed that petitioners' names were sponsored by the palcement agency and they were engaged to perform work of computer operator. Therefore, they cannot be treated to be employees of State, therefore, no direction can be given to the State as prayed and placement agency is not State within meaning of Article 12 of the Constitution of India. Therefore, no direction can be issued to the placement agency also. Accordingly, the writ petition is hereby dismissed.
(GOPAL KRISHAN VYAS), J.
Bjsh