Rajasthan High Court - Jodhpur
Moti Choudhary vs State Of Raj. & Ors on 23 April, 2012
Author: Arun Mishra
Bench: Arun Mishra
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
JUDGMENT
D.B. CIVIL SPECIAL APPEAL (WRIT) NO.263/2012 Moti Choudhary. VS. State of Rajasthan & Ors. DATE OF JUDGMENT : 23.4.2012 HON'BLE THE CHIEF JUSTICE MR.ARUN MISHRA HON'BLE MR.JUSTICE KAILASH CHANDRA JOSHI Mr.Moti Choudhari, appellant present in person.
_____ Heard appellant on the question of admission. The appellant/petitioner was appointed as Programme Officer for a period of one year on contract basis vide order dated 9.9.2008 pursuant to the advertisement dated 4.6.2008 issued by the State Government under the National Rural Employment Guarantee Scheme (for short 'the Scheme'). The period of appointment has come to an end. The State Government thereafter posted as Programme Officers the officers of B.D.O. level of the State Government and proposed to appoint Assistant Programme Officer on contract basis for the proper implementation of the Scheme. As per Chapter III, Para 3.1.2, it was decided not to continue with the persons appointed on contract basis as Programme Officers and the State Government has decided to post Government Officers as Programme Officers. Following is Para 3.1.2 of Chapter III of the Scheme :-
"3.1.2 Programme Officer : A Programme Officer should be appointed at the Block level. The Programme Officer will not be below the rank of the Block Development Officer. The Programme Officer 2 will be a full-time dedicated officer, and may be selected from among Departmental personnel and may be taken on deputation. Fresh recruitment may also be made on contract. The responsibility of the Programme Officer may be discharged by the BDO. In such circumstances, another person may be appointed as the Additional Programme Officer. The expense on the salary of the Programme Officer is a (non-negotiable) charge on the 4% administrative expense. To facilitate programme functioning at the Block level, supportive staff should be deployed Staff that should be put in place at the Block and GP level, on priority include, engineers, data entry operators, and accountants.
The DPC should also be assisted through supportive staff in key functional areas like works, IT and accounts."
The Single Bench has followed the order passed by the Single Bench in CWP No.8644/2009 decided at Jaipur Bench on 15.12.2009 in which the Single Judge has directed the State Government to consider the case the case of the petitioners on the post of Additional Programme Officer or Assistant Programme Officer. The State Government was directed to take a decision as to the continuity of the petitioners by re- designating them as Additional or Assistant Programme Officer keeping in view the fact that they were entitled for being appointed even on the higher post of Programme Officer for which they were appointed pursuant to the advertisement dated 4.6.2008. The Division Bench of this Court also in DB Civil Special Appeal (Writ) No.35/2012 (Sohan Lal Choudhary & Ors. vs. State of Rajasthan & Ors.) decided vide judgment dated 17.2.2011 has approved decision of Single Bench at Jaipur. Other questions have been left open in case any adverse order is passed against the interest of the petitioners. The Single Bench has followed the order passed by the Division Bench of this Court in Sohan Lal Choudhary & Ors. vs. State of Rajasthan (supra). 3 Aggrieved by the order of Single Bench, the intra court appeal has been preferred.
The appellant has submitted that once appointment on contract basis can be made under the scheme and appointment was made, there was no rhyme or reason to post Government officers and not to continue the services of the Programme Officers who were appointed on contract basis. The decision cannot be said to be in terms of Para 3.1.2 of Chapter III of the Scheme.
After hearing the appellant present in person at length, we are of the considered opinion that no case for interference in the instant case is made out.
No doubt Chapter III Para 3.1.2 provides that either the Government official of the level of B.D.O. shall be posted as Programme Officer or fresh appointment can also be made as Programme Officer. The person has to be of the level of Block Development Officer. The State Government has decided after the term of contract period of the appellant and directly appointed Programme Officer was over, for proper and effective functioning of the Scheme to post Government Officers of level of B.D.O. to serve as Programme Officers. No arbitrariness in the action can be culled out as that itself is provided in the Scheme. The responsible persons in service as B.D.Os. had been posted as Programme Officer which is to ensure proper functioning of the scheme with responsibility and they are answerable. No fault can be found in the decision so taken. It was not necessary to continue the service of Programme Officers on contract basis and for continuance of them as Additional Programme Officer and Assistant Programme Officer, requisite directions have already 4 been issued by the Single Bench.
We are not inclined to interfere in the intra court appeal as it could not be said that the appellant had the right to continue as Programme Officer. His appointment was on contract basis which has come to end. The decision taken by the State Government cannot be termed to be illegal or arbitrary.
Consequently, the intra court appeal being bereft of force, is hereby dismissed. D.B. Civil Misc. Stay Application No.5845/2012 also stands dismissed.
(KAILASH CHANDRA JOSHI), J. (ARUN MISHRA), CJ. S Phophaliya/-