Rajasthan High Court - Jaipur
Ravi Kumar Sharma vs State (Education Department)Ors on 13 March, 2012
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.3277/2012 Ravi Kumar Sharma Vs. State & Ors. Date of order : 13/03/2012. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri R.D. Meena for the petitioners.
****** This petition has been filed by the petitioner with the grievance that the respondents are seeking to replace him by another set of contractual/ad hoc employees. Petitioner is working on the post of Computer Teacher/Instructor in Government school on monthly payment of Rs.2500. He is having the diploma of DCTT and is discharging duties as Computer Instructor since 2010 and his engagement was made by the State Government through Educomp Solutions Pvt. Ltd. for the purpose of imparting basic knowledge in computers. He is discharging his duties for minimum eight hours. Now he has been orally told that he will not be engaged in the next academic session and his services would be terminated instead of being regularised.
The controversy in the present case is squarely covered by the judgement of this Court in Rajeshwar Singh & Ors. vs. State & Ors., SBCWP No.12448/2009 and 31 other cognate matter decided on 15.9.2011. Learned counsel invited attention of the Court towards the judgement in Mooli Devi Choudhary & Ors. vs. State of Rajasthan & Ors.-WLC 2010 (4) WLC page 334 wherein it was held that one set of contractual/ad hoc employees cannot be replaced with another employees of same placement agency or any other placement agency.
In view of the submissions made, this writ petition is disposed of with the direction that if any representation is made by the petitioner along with the copy of the judgement in the case of Rajeshwar Singh, supra, the respondents will consider the same and if case of the petitioner is covered by the judgement aforesaid, he would also be extended the same benefit as indicated therein.
Compliance be made within a period of six weeks from the date copy of this order is produced before the respondents.
(MOHAMMAD RAFIQ), J.
RS/32 All corrections made in the judgement/order have been incorporated in the judgement/order being emailed.
(Ravi Sharma,P.A.