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Rajasthan High Court · body

2017 DIGILAW 2381 (RAJ)

Raj Kumar v. State

2017-11-02

DINESH MEHTA

body2017
ORDER : DINESH MEHTA, J. 1. Learned counsel for the petitioner orally submits that based on the newspaper report, his client has learnt that the order of dispensing with his service has been passed. 2. Petitioner may place the said order on record, within a week. 3. Learned counsel for the petitioner asserts that the name of petitioner had been duly recommended by the School Development & Management Committee (SDMC)/School Management Committee (SMC) and forwarded to the respective Zila Parishad for approval. In some of the cases, the concerned Zila Parishad has approved the recommendation and afforded appointment to the petitioner, while in other cases the matters remained pending at the ends of the respondents. 4. However, without issuing any notice to the concerned candidates, the respondents have dispensed with the petitioner's engagement or terminated his service, while initiating denovo process of selection, pursuant to the circular No. dated 15.09.2017 issued by the State Government. 5. The contention of the petitioner is that by way of initiating denovo process of selection, the respondents have taken away accrued, vested and crystallized rights of the petitioner, for no fault of him. 6. Issue notice. Issue notice of the stay application also. 7. Mr. S.S Ladrecha, AAG., learned Additional Advocate General having entered caveat on behalf of Panchayati Raj Department is directed to accept notices for all the respondents. Mr. Ladrecha, prays for some time to complete his instructions. 8. Time prayed for is allowed. 9. List this matter on 09.11.2017 10. In the meanwhile, the termination of the service of the petitioner, who has been working as Gram Panchayat Shahayak shall remain stayed. 11. The respondents are further restrained from proceeding in furtherance of the above referred circular dated 15.09.2017 and undertaking exercise of selection of Gram Panchayat Sahayaks for those Gram Panchayat, for which concerned SDMC/SMC have already made recommendations. 12. The respondents shall however be free to carry out the process for selection for those Gram Panchayats, for which the concerned SDMC/SMC has not sent the recommendations or list of eligible candidates.