MOTI CHOUDHARY Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) Heard appellant on the question of admission. The appellant/petitioner was appointed as Programme Officer for a period of one year on contract basis vide order dated 9.9.2008 pursuant to the advertisement dated 4.6.2008 issued by the State Government under the National Rural Employment Guarantee Scheme (for short 'the Scheme'). The period of appointment has come to an end. The State Government thereafter posted as Programme Officers the officers of B.D.O. level of the State Government and proposed to appoint Assistant Programme Officer on contract basis for the proper implementation of the Scheme. As per Chapter III, Para 3.1.2, it was decided not to continue with the persons appointed on contract basis as Programme Officers and the State Government has decided to post Government Officers as Programme Officers. Following is Para 3.1.2 of Chapter III of the Scheme :-

(2.) The Single Bench has followed the order passed by the Single Bench in CWP No.8644/2009 decided at Jaipur Bench on 15.12.2009 in which the Single Judge has directed the State Government to consider the case the case of the petitioners on the post of Additional Programme Officer or Assistant Programme Officer. The State Government was directed to take a decision as to the continuity of the petitioners by redesignating them as Additional or Assistant Programme Officer keeping in view the fact that they were entitled for being appointed even on the higher post of Programme Officer for which they were appointed pursuant to the advertisement dated 4.6.2008. The Division Bench of this Court also in DB Civil Special Appeal (Writ) No.35/2012 (Sohan Lal Choudhary & Ors. vs. State of Rajasthan & Ors.) decided vide judgment dated 17.2.2011 has approved decision of Single Bench at Jaipur. Other questions have been left open in case any adverse order is passed against the interest of the petitioners. The Single Bench has followed the order passed by the Division Bench of this Court in Sohan Lal Choudhary & Ors. vs. State of Rajasthan. Aggrieved by the order of Single Bench, the intra court appeal has been preferred.

(3.) The appellant has submitted that once appointment on contract basis can be made under the scheme and appointment was made, there was no rhyme or reason to post Government officers and not to continue the services of the Programme Officers who were appointed on contract basis. The decision cannot be said to be in terms of Para 3.1.2 of Chapter III of the Scheme.