AMRA BHAMBI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These writ petitions have been filed to challenge order dated 16.11.2012 at annexure-4 in CW 6682/2013, whereby, respondents have decided to engage Cooks/Chowkidar on job basis through a contractor or Self Held Group (SHG) till 31.3.2013 or till regularly selected candidates are made available, whichever is earlier. Learned counsel for petitioners submits that petitioners were engaged as Cooks/Chowkidars some where in the year 2000 onwards from time to time. Now the respondents have taken a decision to replace them by another set of employees. The aforesaid is not permissible in view of the judgment of the Hon'ble Supreme Court in the case of State of Haryana & ors etc. v. Piara Singh & ors etc., 1992 AIR(SC) 2130 .

(2.) A further prayer is made to direct the respondents to fill all the vacant posts of Cooks/Chowkidars by regular means inasmuch as the respondents are making appointment on contract basis though not provided under the service rules. They are thus need to be commanded with the direction as was given by the Hon'ble Apex Court in the case of State of Haryana & ors etc. v. Piara Singh & ors etc., and Secretary, State of Karnataka v. Uma Devi (3), 2006 AIR(SC) 1806 . Therein, a direction was given to allow same weightage for experience in appointment to those persons working for the last several years.

(3.) The intention of the respondents is to replace one set of contractual employees by another, otherwise, there was no reason to pass impugned order dated 16.11.2012 at annexure-4. The aforesaid is opposed to the judgment of the Supreme Court referred to above. The controversy of the nature was taken up by the Apex Court in those cases where administration did not hold regular selection in time and engage persons on contract/ad hoc/temporary basis. That needs to be curtailed with appropriate direction for regular appointment.