Rajasthan High Court - Jodhpur
Mahendra Kumar & Ors. vs . State Of Rajasthan & Ors. on 19 September, 2014
Author: Vineet Kothari
Bench: Vineet Kothari
S.B. CIVIL WRIT PETITION NO. 4025/2014
Mahendra Kumar & Ors. Vs. State of Rajasthan & Ors.
Order dated 19/09/2014
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
:: O R D E R ::
S.B. CIVIL WRIT PETITION NO. 4025/2014
Mahendra Kumar S/o Sh. Lal Chand & 28 Ors.
(The details of other 28 petitioners is given in Schedule)
Vs.
State of Rajasthan & Ors.
Date of Order :::: 19th September, 2014.
PRESENT
HON'BLE Dr. JUSTICE VINEET KOTHARI
Appearance:
Mr. R.S. Choudhary, for the petitioners.
Mr. Manish Patel, Addl. Govt. Counsel.
--
BY THE COURT:
1. Heard learned counsel for the petitioners and learned Addl. Govt. Counsel.
2. The petitioners have filed the present writ petition in this Court on 24.05.2014 seeking following relief/s: -
"It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction:
(i)the impugned advertisement dated 13.05.2014 (Ann.7) may kindly be quashed and set aside.
(ii)The respondents may kindly be directed to keep S.B. CIVIL WRIT PETITION NO. 4025/2014 Mahendra Kumar & Ors. Vs. State of Rajasthan & Ors.
Order dated 19/09/2014 2/5 continue the petitioners on the post of guard and pay them remuneration month by month.
(iii)Any other appropriate writ, order or direction which this Hon'ble Court deems just and proper may kindly be passed in favour of the petitioners."
3. The petitioners were working as Security Guards having been appointed on contractual basis by the seventh respondent, a private placement agency, namely, Smt. Indira Gandhi Prashikshan Sansthan, Hanumangarh. The petitioners having the apprehension that in view of Annex.7, Advertisement dated 13.05.2014 issued by the Respondent-Zila Parishad, Hanumangarh, inviting tenders from other Security Agencies for employment of 251 security guards through private respondent No.7, Shrimati Indira Gandhi Prashikshan Sansthan, Hanumangarh, their services as security guards are likely to be terminated and, therefore, the said recruitment process deserves to be stopped and an interference in the said process should be made by this Court under Article 226 of the Constitution of India.
4. This Court after hearing the learned counsel for the petitioners and the respondents passed an interim on 28.05.2014, which is quoted herein below: -
"In view of above position, by way of interim relief, the respondents are directed to continue the present petitioners who are working as Security S.B. CIVIL WRIT PETITION NO. 4025/2014 Mahendra Kumar & Ors. Vs. State of Rajasthan & Ors.
Order dated 19/09/2014 3/5 Guards in the 'र ज व ग ध सव कन ' building up to 15.06.2014 or till the availability of regularly selected 251 Security Guards from the aforesaid four categories, whichever is later. The respondents will be free to undertake said regular recruitment process of the Security Guards and the services of the present petitioners on contractual basis shall be terminated only by passing appropriate orders by the competent authority once such regular recruitment process is completed and the 251 Security Guards in the aforesaid manner are made available. A report of such regular recruitment process and list of such candidates and their category may be placed before this Court before the next date."
5. Having heard the learned counsel for the petitioners and the respondents, this Court is of the considered opinion that no interference can be made in the process of contractual freedom of the second respondent, namely, Zila Parishad, Hanumangarh, to invite fresh tenders from other security agencies (placement agencies) and it is for the respondent Zila Parishad to decide through which placement agency, the security guards are to be employed on contractual basis. The petitioners are not the employees of the State Government or the Zila Parishad, but they are the employees of the private respondent No.7, Shrimati Indira Gandhi Prashikshan Sansthan, S.B. CIVIL WRIT PETITION NO. 4025/2014 Mahendra Kumar & Ors. Vs. State of Rajasthan & Ors.
Order dated 19/09/2014 4/5 Hanumangarh, and on the basis of outsourcing of Security Guards' services in pursuance of the Resolution of the Zila Parishad, such private placement agency is to provide the services of such security guards by way of inviting fresh tenders and entering into a fresh contract with another security agency.
6. The petitioner being the employee as security guard of private placement agency cannot have any objection in the matter; and even if the petitioners have any grievances against the private placement agency, they have the cause of action against such private placement agency, who is not 'State' within the meaning of Article 12 of the Constitution of India. The petitioners cannot claim any relief from the respondent Zila Parishad, Hanumangarh, of which they are not the employee. The afore-quoted interim order also clearly permits such fresh contract with placement agency. Therefore, no writ can be issued for the continuation of the present petitioners as security guards, employed by the private placement agency.
7. In view of above discussion, the present writ petition is found to be bereft of any merit and the same deserves to be dismissed. The writ petition is, accordingly, dismissed. No costs. A copy of this order be sent to the concerned respondents forthwith.
(Dr. VINEET KOTHARI), J.
DJ/-
S-72 S.B. CIVIL WRIT PETITION NO. 4025/2014 Mahendra Kumar & Ors. Vs. State of Rajasthan & Ors.
Order dated 19/09/2014
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SCHEDULE
S. No. Petitioners Father's name
1 Ram Kumar Sh. Sadardeen
2 Dinesh Kumar Sh. Ghanshyam
3 Kalu Ram Sh. Banwarilal
4 Dinesh Kumar Sh. Ram Kumar
5 Rakesh Kumar Sh. Rai Sahab
6 Jeet Ram Sh. Ram Pratap
7 Subhash Sh. Mukhram
8 Surendra Kumar Sh. Kheta Ram
9 Lal Chand Sh. Indraj
10 Bhup Chand Sh. Jagmal Ram
11 Devilal Sh. Birbal Ram
12 Lakhveer Singh Sh. Kalwant Singh
13 Ami Lal Sh. Trilok Ram
14 Balveer Singh Sh. Phula Ram
15 Jawaharlal Sh. Jeet Singh
16 Om Prakash Sh. Chanan Ram
17 Indraj Sh. Thakar Ram
18 Ram Swaroop Sh. Laxman Ram
19 Heera Lal Sh. Daulat Ram
20 Raja Ram Sh. Sadhu Ram
21 Vinod Kumar Sh. Surja Ram
22 Sarwan Kumar Sh. Sohan Lal
23 Vijay Pal Sh. Balram
24 Ranjeet Singh Sh. Laxman Singh
25 Sushil Kumar Sh. Mondu Ram
26 Bhup Singh Sh. Mehar Chand
27 Iqbal Ram Sh. Bhalu Ram
28 Nirmal Singh Sh. Laxman Singh