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2019 DIGILAW 1113 (RAJ)

Pinki Kumari v. State of Rajasthan, Thr. Secretary To The Govt. , Department Of Education

2019-04-11

ASHOK KUMAR GAUR

body2019
JUDGMENT 1. Learned counsel appearing both the parties submit that similar controversy has been decided by the Division Bench in D.B. Civil Special Appeal (Writ) No. 1231/2017 [State of Rajasthan & Ors. v. Kusum Devi & Ors.] and other connected appeals decided by common order dt.20.03.2018. 2. Learned counsel for the petitioners submits that the petitioners were also appointed under the Sarve Shiksha Abhiyan Project and the petitioners due to exercise undertaken by way of advertisement dt.19.05.2015, approached this Court apprehending their termination in pursuance of advertisement. Learned counsel submits that right of the petitioners has been recognized by this Court and they have been allowed to continue. 3. Mr. Y.S. Jadaun, counsel for the respondents submits that the petitioners are no more in service and as such they cannot be reinstated. 4. This Court finds that the Division Bench in the case of State of Rajasthan & Ors. v. Kusum Devi & Ors. (supra), disposed of the special appeals on the basis of agreed order. The relevant portion of the said judgment is reproduced hereunder:- "As prayed by the parties, following agreed order is passed for disposal of these appeals. (i) It is agreed that contractual employee, either by direct contract or through placement agency, would not be replaced by another set of contractual employees. (ii) The contractual employee can be replaced by regularly selected employee either under the scheme or by taking regularly selected employees of the State Government on deputation. The deputation would however be not permissible if there is shortage of Teachers and others in the State service and to make it clear, at the cost of sufferance of the school run by the State Government, deputation would not be permissible. Thus, the direction given above would be applied after taking note of the aforesaid. (iii) The service of the contractual Teachers can be dispensed with if there is complaint about their working or they are found to be inefficient. It would, however, be after providing them opportunity of hearing. (iv) In case, the Central Government or State Government withdraw the scheme then no one would have right to continue either on contract basis or in other capacity, but withdrawal of the scheme should be in totality and not with the change of name of the scheme. It would, however, be after providing them opportunity of hearing. (iv) In case, the Central Government or State Government withdraw the scheme then no one would have right to continue either on contract basis or in other capacity, but withdrawal of the scheme should be in totality and not with the change of name of the scheme. (v) If the Government takes a decision to make a scheme permanent then their endeavor would be to make regular selection on the post under the scheme and, in that case, the petitioners-non appellants would be at liberty to apply for the post and in case of availability of the selected candidates, they would make a room for them and in that case, their services would be terminable. (vi) In case, the number of posts are reduced, then also, the ad-hoc or contractual employees can be terminated but, while doing so, the principles of "last come first go" would be applied. (vii) The aforesaid direction would be applied to the present cases and exercise for it would be undertaken within four months from the date of receipt of copy of this order. If any one has been terminated in violation of direction given above, the reinstatement would be without actual benefit of the intervening period. All the appeals are disposed of with the aforesaid." 5. This Court following the judgment passed by the Division Bench, dispose of the present writ petition and the parties would be bound by the agreed order as has been passed in the special appeals. 6. The present writ petition is disposed of in terms of the Division Bench order, passed in the case of State of Rajasthan & Ors. v. Kusum Devi & Ors. (supra).