GANGADHAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this writ petition, following prayer has been made 40 by the petitioner :

(2.) AS per facts of the case, the petitioner was appointed as Class IV employee on part-time basis in the Primary School, Rajaji-ka-Khera, Panchayat Samiti, Mandal (District Bhilwara) vide order dated 01.01.1975. On 11.04.1989, the Govt. Primary School, Rajaji-ka-Khera was upgraded but the administrative control over the said school remained with the Panchayat Samiti. The administrative control of the school was taken over by the State Government in the month of April 1991 and all the staff of the school were taken over by the State Government and they were absorbed in the" government service but the State Government did not absorb the services of the petitioner though the petitioner was allowed to continue as Class IV employee in the said school even after April 1991.

(3.) UPON perusal of the aforesaid order, it is abundantly clear that on 18.01.1995 co-ordinate Bench of this Court specifically directed the District Education Officer, Bhilwara to take the petitioner on duty and pay salary to him with effect from 01.10.1994. In pursuance of the above judgment, the District Education Officer passed order on 03.04.1995, whereby, Head Master, Government Upper Primary School, Kareda was directed to take the petitioner on duty; but, unfortunately, the respondent Department issued show cause notice to the petitioner why his services may not be terminated. In the compelling circumstances, again, the petitioner preferred third writ petition before this Court which was registered as S.B. Civil Writ Petition No.2898/1995. Said writ petition was transferred to the Rajasthan Civil Services Appellate Tribunal and, after transfer, the Tribunal registered the said appeal as Appeal No.498/1999. Another appeal was filed by the petitioner before the Rajasthan Civil Services Appellate Tribunal for payment of salary which was registered as Appeal No.337/1999.