Manish Kumar Sharma S/O Shri ... vs State Of Rajasthan
2022 Latest Caselaw 7148 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

           D.B. Special Appeal Writ No. 1156/2022
1.    Manish Kumar Sharma S/o Shri Jagdish Prasad Sharma,
      Aged About 40 Years, Resident Of Village Post Sewar,
      Setaram Mandir Ke Pass, Sewar, Bharatpur (Raj.)
2.    Mohit Kumar Manocha S/o Shri Raghuveer Singh
      Manocha, Aged About 32 Years, Resident Of Telipara
      Mohalla Deeg, Laxman Mandir Ke Pass, Bharatpur (Raj.)
3.    Pramod Kumar S/o Shri Jagpatiram, Aged About 38 Years,
      Resident Of V.p.o. Siras, Tehsil Weir, District Bharatpur
      (Raj.)
4.    Banai Singh S/o Shri Girdhari Lal, Aged About 42 Years,
      Resident Of Village Ram Nagar, Post Office Roopwas,
      Tehsil Roopwas, District Bharatpur (Raj.)
5.    Gulab Singh S/o Shri Mangal Ram, Aged About 37 Years,
      Resident Of Mahawar Colony, Bhim Nagar, Bayana,
      District Bharatpur (Raj.)
6.    Sushil Kumar S/o Shri Hari Kishan, Aged About 31 Years,
      Resident Of Ware House Road, Katara Nadbai, Bbn School
      Ke Pass, Ward No. 23, District Bharatpur (Raj.)
7.    Gajendra Kumar Sharma S/o Shri Naveen Chand Sharma,
      Aged About 47 Years, Resident Of Mohalla Gopal Gargh,
      Near Ghasso Ki Chakki, Bharatpur (Raj.)
8.    Kishan Sharma S/o Shri Siyaram Sharma, Aged About 39
      Years, Resident Of Nagla Store, Bayana, District
      Bharatpur (Raj.)
9.    Laxman Singh S/o Shri Shoji Ram, Aged About 56 Years,
      Resident Of Village Khohari, Post Suhans, Tehsil Weir,
      District Bharatpur (Raj.)
10.   Shyam Sharma S/o Shri Girdhari Lal Sharma, Aged About
      38 Years, Resident Of Kartar Colony, Near Pathwari
      Mandir, Kaman, District Bharatpur (Raj.)
11.   Rakesh Sharma S/o Shri Gyasi Ram Sharma, Aged About
      38 Years, Resident Of V Kheriya Post Supa, Tehsil Bayana,
      District Bharatpur (Raj.)
12.   Ramesh Chand S/o Shri Mohan Singh, Aged About 44
      Years, Resident Of Village Malipura, Post Sewar, District
      Bharatpur (Raj.)
13.   Purushottam Sharma S/o Shri Kanni Ram Sharma, Aged
      About 52 Years, Resident Of House No. 1414, Stc Housing
      Board, Bharatpur (Raj.)
14.   Devi Singh S/o Shri Yadram, Aged About 54 Years,
      Resident Of Village Malipura, Post Sewar, District
      Bharatpur (Raj.)

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15.   Atul Kumar Agrawal S/o Shri Kailash Chand Agrawal,
      Aged About 49 Years, Resident Of Ganga Mandir Colony,
      Roopwas, District Bharatpur (Raj.)
16.   Pushpendra Kumar Sharma S/o Shri Naveen Chand
      Sharma, Aged About 48 Years, Resident Of Mohalla Gopal
      Garh, Near Ghasso Ki Chakki, Bharatpur (Raj.)
17.   Santosh Kumar S/o Shri Hari Kishan, Aged About 38
      Years, Resident Of Ware House Road, Nadbai, Ward No.
      23, Bbn School Ke Pass, Bharatpur (Raj.)
18.   Man Singh S/o Shri Gomati Prasad, Aged About 53 Years,
      Resident Of Naharganj Mohalla, Kumher, District
      Bharatpur (Raj.)
                                                                 ----Appellants
                                Versus


1.    State Of Rajasthan, Through The Principal Secretary,
      Education Department, Government Secretariat, Jaipur
      (Raj.)
2.    The Additional Administrative Officer And Joint Director,
      School Shiksha, Bharatpur Sambhag, Bharatpur (Raj.)
3.    The Rajasthan School Shiksha Parishad, Through Its
      Commissioner, School Shiksha, Srk Sankul, J.l.n. Marg,
      Jaipur (Raj.)
4.    The District Project Coordinator,                      Samagra   Shiksha
      Abhiyan, Bharatpur (Raj.)
5.    The Additional District Project Coordinator, Samagra
      Shiksha Abhiyan, Bharatpur (Raj.)
6.    The Chief Executive Officer, Zila Parishad, Bharatpur
      (Raj.)
7.    The Chief Block Education Officer And Incharge, Samagra
      Shiksha Abhiyan, Deeg, Distt Bharatpur (Raj.)
8.    The Chief Block Education Officer And Incharge, Samagra
      Shiksha Abhiyan,, Kumher, Bharatpur (Raj.)
9.    The Chief Block Education Officer And Incharge, Samagra
      Shiksha Abhiyan, Bayana, District Bharatpur (Raj.)
10.   The Chief Block Education Officer And Incharge, Samagra
      Shiksha Abhiyan Kaman, District Bharatpur (Raj.)
11.   The Chief Block Education Officer And Incharge, Samagra
      Shiksha Abhiyan, Sewar, District Bharatpur (Raj.)
12.   The Chief Block Education Officer And Incharge, Samagra
      Shiksha Abhiyan, Roopbas, District Bharatpur (Raj.)
13.   The Chief Block Education Officer And Incharge, Samagra
      Shiksha Abhiyan, Weir, District Bharatpur (Raj.)
14.   The Chief Block Education Officer And Incharge, Samagra
      Shiksha Abhiyan, Nadbai, District Bharatpur (Raj.)

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15.     Kushal Mittal S/o Shri Surendra Kumar, Aged About 31
        Years, Resident Of Mittal Communication, Bayana Bye
        Pass Road, Ucchain, Tehsil Roopbas, District Bharatpur
        (Raj.)
16.     Manish Kumar Shri Suresh Chand, Aged About 40 Years,
        Resident Of Chandpole Gate, Namak Ka Katara, Bharatpur
        (Raj.)
17.     Jitendra Kumar Bhardwaj S/o Late Shri Madhusudan Lal
        Bhardwaj, Aged About 41 Years, Resident Of Kartar
        Colony, Anamika School Ke Pass, Kaman, District
        Bharatpur (Raj.)
18.     Deepak Mishra S/o Shri Jagesh Mishra, Aged About 35
        Years, Resident Of 2-E-21, S.t.c. Housing Board Colony,
        Bharatpur (Raj.)
19.     Vijay Parashar S/o Shri Janak Kishor Sharma, Aged About
        35 Years, Resident Of House No. 2-E-20, S.t.c. Housing
        Board Colony, Near Sharda School, Bharatpur (Raj.)
20.     Ashutosh Agrawal S/o Shri Vinod Kumar Agarwal, Aged
        About 23 Years, Resident Of Kamsain Dharamshala Ke
        Pass, Guddi Mohalla, Bharatpur (Raj.)
21.     Kush Kaushik S/o Shri Suneel Dutt Sharma, Aged About
        30 Years, Resident Of Village Didwani Tehsil Kumher,
        District Bharatpur (Raj.)
22.     Jitendra Singh S/o Shri Bijendra Singh, Aged About 51
        Years, Resident Of Rewari Mohalla, Bhuda Gate, Deeg,
        District Bharatpur (Raj.)
                                                                ----Respondents

For Appellant(s) : Mr. Rajendra Kumar Soni, Adv. For Respondent(s) : Mr. Rajneesh Gupta, Adv.

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MR. JUSTICE PRAKASH GUPTA

Judgment 10/11/2022

1. Heard Mr. Rajendra Kumar Soni, learned counsel appearing

for the appellants-petitioners and Mr. Rajneesh Gupta, learned

counsel appearing for the respondents.

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2. The present appeal challenges the judgment and order dated

18.08.2022 passed by the Writ Court dismissing the writ petition

of the petitioners-appellants.

3. The petitioners-appellants were allowed to function as

Computer Operators and Assistant Employees through the

placement agency. They worked since 2002 onwards. Their

services were discontinued vide order dated 29.06.2020. The

petitioners-appellants in the writ petition prayed that since they

are working since 2002 onwards, the discontinuation of their

services is arbitrary and that they cannot be replaced by fresh

employees.

4. The learned Single Judge dismissed the writ petition

recording that there is no privity of contract between the

petitioners-appellants and the respondents, and that the

petitioners-appellants have failed to implead the placement

agency through which they were employed. There is no privity of

contract between the petitioners-appellants and the State as even

no appointment letters were issued to them by the State

authorities. Since the post on which the petitioners-appellants i.e.

of the Assistant in the Samagra Shiksha Abhiyan have been

abolished, there is no need to continue with the services of the

petitioners-appellants. This apart, a finding has also been returned

that the petitioners-appellants have not challenged the order

dispensing with their services i.e. dated 29.06.2020, and therefore

so long the said order stands, petitioners-appellants are not

entitled for any relief.

5. In view of the aforesaid findings of fact and that there is no

privity of contract between the petitioners-appellants and the

respondents and that the posts on which they were working have

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been abolished, the submission of the counsel for the petitioners-

appellants that having worked since 2002, they cannot be

replaced by new employees, is totally misconceived and

unsustainable in law.

6. Learned counsel for the petitioners-appellants relying upon a

decision of the Hon'ble Supreme Court in the case of Secretary,

Haryana State Electricity Board V. Suresh and others etc. -

AIR 1999 Supreme Court 1160, argued that the system

employed by the State authorities in engaging the petitioners-

appellants through placement agency is a mere camouflage. In

fact they are the employees of the State-respondents.

7. The posts on which the petitioners-appellants were allowed

to work either through placement agency or the State-

respondents have admittedly been abolished and, therefore,

ceased to exists. In view of the above facts, they have no right to

continue to function. They cannot function against the non existing

post.

8. In view of the aforesaid facts and circumstances, we do not

find any merit in the appeal and the same is accordingly,

dismissed.

                                   (PRAKASH GUPTA),J                                                   (PANKAJ MITHAL),CJ

                                   N.Gandhi/MR/10









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