Rajasthan High Court - Jaipur
Rakesh Sharma S/O Shri Bhagwat Prasad vs Union Of India on 21 June, 2019
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 10669/2019
Rakesh Sharma S/o Shri Bhagwat Prasad & Ors.
----Petitioner
Versus
Union Of India & Ors.
----Respondent
For Petitioner(s) : Mr. Manish Parihar on behalf of Mr. Tanveer Ahamad For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH (V.J.) Order 21/06/2019 Learned counsel for the petitioner submits that issue involved in this writ petition has been considered by Coordinate Bench of this Court in the matter of Neeraj Shyam Tiwadi & Anr. versus State of Rajasthan & Ors., wherein following order has been passed on 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 28th 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 (Downloaded on 28/06/2019 at 10:05:26 PM) (2 of 3) [CW-10669/2019] 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. 28th February, 2019, wherein they canceled their earlier order dt. 11th 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 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. 29th May, 2019 and last date is 19th 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 15 th July, 2019.(Downloaded on 28/06/2019 at 10:05:26 PM)
(3 of 3) [CW-10669/2019] 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."
In that view of the order, issue notice to the respondents, returnable on 15.07.2019.
Till the next date, petitioners would be allowed to continue by respondents and their services will not be replaced by another set of contractual employees.
List the matter on 15.07.2019 along with SB CWP No.9838/2019.
(INDERJEET SINGH) V.J. Manish/s-327 (Downloaded on 28/06/2019 at 10:05:26 PM) Powered by TCPDF (www.tcpdf.org)