VIDYA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) PETITIONERS, who are Prerak, Jan Shiksha Kendra, under Central Literacy Mission, have approached this Court vide this petition seeking direction for quashment of order dated 25-03-2009 and a direction to the respondents to continue petitioners as Prerak with back wages and with consequential benefits with permissible interest and a further direction to the respondents to absorb them on the post on which they are working. The issue as raised here in this petition was also subject matter of bunch of petitions being Writ Petitions No. 590/11(s), 14317/11(s), 12477/09(s), 17/10(s) and 17448/10(s). The petitions were heard and decided on 15-09-11 in the following terms :- "Respondents are directed to take steps for continuing the petitioners and for ensuring their continuation under the new scheme after evaluating the qualification and other requirement and proceed to consider the cases of the petitioners for their engagement under the new scheme in accordance with the directions issued by the Division W.P. No. 7468.12

(2.) BENCH of the Rajasthan High Court on 21 s t November, 2009 as indicated hereinabove. However, as the scheme in which the petitioners were engaged is no more functioning and discontinuation of the petitioners are found to be proper and even though the impugned orders terminating the services of the petitioners are quashed, no consequential orders with regard to reengagement of the petitioners under the said scheme can be ordered. However, till the exercise of considering the cases of the petitioners for engagement in the new scheme is concluded and in case the Libraries and Community Centres are still functioning under the administrative control of respondent No. 2, the Commissioner Rajya Siksha Mission the said authority may consider engaging the petitioners for carrying out the works of Libraries and Centres till the final decision is taken in the matter and engagement of the petitioners in the new scheme. Till the final decision with regard to their continuation in the new scheme is not taken in case the Library and the Centres are still working, the services of the petitioners can be utilized in this establishment. However, it is made clear that the direction issued in this writ petition shall not be construed to mean that the petitioners are also entitled to any arrears, honorarium or salary for the intervening period that is from the period of their termination till the fresh engagement. In case petitioners are engaged under the new scheme, they are entitled to continuation in service without any arrears and back wages and in case any of the petitioners are found unsuitable for engagement in the new scheme, respondents are free to terminate their engagement/service by communicating the reasons to them.