STATE OF RAJASTHAN Vs. MOHAMMAD KHURSHID USTA

JUDGEMENT

(1.) This batch of appeal is before us to examine correctness of order dated 23.2.2015 passed by learned Single Bench deciding 17 petitions for writ challenging the orders dated 08.2014 and 05.8.2014 withdrawing status of adhoc appointees granted on 17.8.2009. The learned Single Bench while accepting the writ petitions quashed the impugned orders dated 08.2014 and 05.8.2014 and allowed the respondent-petitioners to continue to remain in service until regularly selected candidates are appointed against the vacancies. A direction is further given to continue the pay-scale being already received by the respondent-petitioners with a clarification that the grant of regular pay-scale shall not be a reason for entitlement of the respondent-petitioners to claim regularisation in service.

(2.) It is submitted by learned counsel for the appellant that the respondent-petitioners were employed with the appellant- Institution purely on casual basis and that too without adhering any fair procedure. According to learned counsel for the appellant, adhoc status and regular pay-scales were allowed to the respondent-petitioners without any rhyme or reason and that too just on pick and choose basis.

(3.) As per the original record it further reveals that the office of the Minister concern under a letter dated 09.10.2009, bearing No. TAD.RPGA.TE/09/R-410 directed the Member Secretary, Engineering College Bikaner Society to employ one Shri Virendra Choudhary on contract basis. Further a recommendation was made to grant appointment to the persons whose names were shown at Sr. No.2 and 9 in the note-sheet dated 17.8.2009. From perusal of the original record, it reveals that the recommendation was relating to three persons, but for one person that was scored out by using some sharp article. This recommendation too was approved by the Chairman of the Executive Council. Accordingly, appointments were accorded on adhoc basis to the persons, namely, Pratap Kumar Telang and Shri Amol Goswamy. It also reveals that the Minister concern further directed the Member Secretary of the Engineering College Bikaner Society to give appointment to one Shri Abdul Jabhar Khiljee as Lecturer, MCA. This direction too was complied with. From perusal of the record it is apparent that the appointments were given to the respondent-petitioners without adhering any fair procedure and just on basis of the directions/recommendations made either by the Member Secretary of the Engineer College, Bikaner Society or its Chairman. Nothing is available on record to disclose adherence of any fair procedure while making appointments to public posts. The original record, as a matter of fact, reflects capricious exercise of powers. The entire process indicates total misuse of powers that causes serious injury to the concept of equality, reasonableness and fair play. This concept is the most valuable right that the Constitution of India guarantees to all the citizens of India. Article 16 deals with the equality of opportunity in matters of public employment. This precious right of the citizens is required to be protected at every cost. No person can be permitted to have inroads of favourtism, nepotism, cronyism, capriciousness and other kind of similar ills in the arena of public employment. The public employment is a public property for common good to have efficient public service and that must not be polluted by the favourtism, nepotism, cronyism and other ills which undermine the common good and undercuts the transparency.