VIBHA RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners No.1 and 2 served to respondents as Prerak and Sa-prerak respectively from 15.7.2004 to 31.3.2009. Subsequent thereto, they were discontinued from service. THE respondents under a communication dated 23.3.2011 informed petitioners that prima facie they are eligible to be absorbed as Prerak. An opportunity, thus, was given to them to appear before the District Literacy-cum-Continuous Education Officer, Jalore on 2.4.2011 with requisite documents. THE petitioners submitted necessary documents to the authority concerned, however, appointment was not accorded to them. Hence, they approached this Court by way of filing present petition for writ. It is submitted by learned counsel for the petitioner that the respondents have given appointments to certain persons less meritorious then the petitioners and also having less experience of working.

(2.) IN reply to the writ petition, it is submitted by respondents that at the time of consideration for absorption / appointment as Prerak, petitioners filled-in the proforma application form wherein they desired to be employed with six Gram Panchayats. It was specifically mentioned by them that they would not like to be employed anywhere else then the six Gram Panchayats referred by them. It is also stated that in the Gram Panchayats of the choice of the petitioners, no persons less meritorious then the petitioners or having less experience then the petitioner is employed. The case of the petitioners was not considered for appointment with any other Gram Panchayat in view of a specific assertion made by them that they are not interested to be employed with any other Gram Panchayat except the Gram Panchayats of their choice.