Rajasthan High Court - Jodhpur
Smt. Anita Tiwari vs Union Of India & Ors on 25 November, 2010
Author: Govind Mathur
Bench: Govind Mathur
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
:: ORDER ::
S.B. CIVIL WRIT PETITION NO.8183/2010
Smt. Anita Tiwari
Vs.
The Union of India and Ors.
DATE OF ORDER :: 25.11.2010
PRESENT
HON'BLE MR. GOVIND MATHUR ,J.
Mr. Sunil Beniwal, for the petitioner.
Mr. Vineet Kumar Mathur, for the respondents.
BY THE COURT :
The BSF Primary School, Raisinghnagar where the petitioner was working as Teacher since 1998 came to be closed on 31.7.2010. Accordingly, vide order dated 17.8.2010 (Annexure-11), the petitioner and other employees of the school were directed to collect their due amount from the accounts branch of 55 Battalion, BSF in between 9:00 to 13:00 hours after 18.8.2010. Being aggrieved by the same, this petition for writ is preferred. A prayer is also made for regularisation of the services with Kendriya Vidhyalaya School.
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So far as validity of the order dated 17.8.2010 is concerned, suffice it to mention that the cause to be agitated by the petitioner is purely against BSF Primary School, that is not being treated as an agency or instrumentality of the Government by this Court in S.B. Civil Writ Petition No. 302/1999 (R.K. Sharma Vs. BSF School). Accordingly, the school concerned is not amenable to writ jurisdiction.
The another cause of the petitioner is for regularisation of her services with the Kendriya Vidhyalaya Sangathan. The Kendriya Vidhyalaya is governed by the Kendriya Vidhyalaya Sangathan, a Society registered under the Societies Registration Act, 1894. The petitioner was working with BSF Primary School and the employees of BSF Primary School cannot claim for regularisation of their services with Kendriya Vidhyalaya as a matter of right. It is pertinent to note here that there is no agreement between BSF Primary School and Kendriya Vidhyalaya for absorption of the employee of BSF Primary School on establishment of Kendriya Vidhyalaya at Raisinghnagar, though on closure of BSF Primary School, the students of the school were taken on the scholar roll of Kendriya Vidhyalaya, but that ipso facto does not give any right to the employees for absorption of their services with Kendriya Vidhyalaya. 3
For the reasons given above, this petition for writ is dismissed, with liberty to the petitioner agitate her cause relating to closure of BSF Primary School before the appropriate forum.
(GOVIND MATHUR), J.
rm/