Rajasthan High Court - Jodhpur
Jitendra Singh vs State Of Rajasthan on 3 February, 2022
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2644/2019
1. Jitendra Singh S/o Shri Himmat Singh, Aged About 26
Years, 18-B, Tirupati Nagar, Shikargarh Area, Jodhpur,
Rajasthan. Presently Posted At Government Senior
Secondary Feench, Luni, District Jodhpur, Rajasthan.
2. Santosh D/o Shri Bhagwana Ram Jangid, Aged About 33
Years, Pal Gaon, Near Old Mahadev Temple, Jodhpur,
Rajasthan. Presently Posted At Government Senior
Secondary School, Feench, Luni, District Jodhpur,
Rajasthan.
3. Chotu Lal S/o Shri Punam Chand Saran, Aged About 27
Years, Vpo Bhamatsar, Tehsil Nokha, District Bikaner,
Rajasthan. Presently Posted At Government Senior
Secondary School Satlana, Luni, District Jodhpur,
Rajasthan.
4. Kavita Rawat D/o Shri Jiyaram Rawat, Aged About 25
Years, Village Pratappura, Via Bandnawara, Tehsil Bhinai,
District Ajmer, Rajasthan. Presently Posted At
Government Senior Secondary School Satlana, Luni,
District Jodhpur, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Secretariat, Jaipur, Rajasthan.
2. Director, Secondary Education, Bikaner, Rajasthan.
3. District Education Officer, Secondary Education, Bikaner,
Rajasthan.
4. Rajasthan Education Of Secondary Council, Through Its
State Project Director, Eklavya Bhawan, Dr. S.r.k. Shiksha
Sankool, J.l.n. Marg, Jaipur, Rajasthan.
5. Deputy Director, Rashtriya Madhyamik Shiksha Abhiyan,
Jaipur, Rajasthan.
6. Additional District Project Coordinator, Rashtriya
Madhyamik Shiksha Abhiyan, Jodhpur, Rajasthan.
7. Principal, Government Senior Secondary School, Satlana,
Panchayat Samiti Luni, Tehsil Luni, District Jodhpur,
Rajasthan.
(2 of 3) [CW-2644/2019]
8. Principal, Government Senior Secondary School, Feench,
Panchayt Samiti Luni, Tehsil Luni, District Jodhpur,
Rajasthan.
9. Il And Fs Skill Development Corporation Ltd., Through Its
Coordinator, Roopshree S-1A, Bhawani Singh Marg, Near
Lic Colony, C-Scheme, Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Pawan Singh through VC
For Respondent(s) : Mr. P.R. Singh through VC
HON'BLE MS. JUSTICE REKHA BORANA
Order
03/02/2022
Counsel for the petitioner has submitted that the controversy
in question has been decided in S.B. Civil Writ Petition
No.10843/2019; Seema Gupta & Ors. Vs. Union of India & Ors.
Counsel for the respondents does not refute the submissions
made by counsel for the petitioner.
In view of the abovementioned submission the present writ
petition is also allowed on the same terms as in the matter of
Seema Gupta (supra). The operative portion of the judgment is
quoted hereinunder:
"After hearing the learned counsel for the parties
and looking to the factual matrix of the case, this
Court deems it appropriate to dispose of these writ
petitions while intervening on a limited count,
which is that if the petitioners are having proper
qualification and are eligible to be appointed as
Vocational Trainers and were duly selected by the
respondents strictly in accordance with law on
contractual basis, then their services shall not be
replaced by another set of contractual Vocational
Trainers to be appointed in pursuance of the order
dated 20th May, 2019. While observing as above,
this Court makes it clear that this court is not
inclined to go into the legality of the order dated
20th May, 2019 at this stage as the same is not
(3 of 3) [CW-2644/2019]
prejudicial to the interest of the present
petitioners. The protection to the petitioners shall
be strictly as per their qualification and eligibility
and appointment based on legal selection process
for the contractual post of Vocational Trainers. The
substitution shall not be made by another set of
Vocational Trainers being appointed in pursuance
of the order dated 20th May, 2019. The
respondents shall, however, be free to conduct the
services of the petitioners as per the existing
project and scheme. Lastly, while addressing the
apprehension raised by counsel for the petitioners
that their salaries are not being paid in time since
long, we direct the respondents to pay the salary
to the petitioners as expeditiously as possible."
(REKHA BORANA),J
27-T.Singh/-
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