VAGTAVAR SINGH CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These writ petitions have been filed by the petitioners aggrieved against the Advertisement dated 18/2/2019 (Annex.3), whereby, candidates were called for preparation of panel for deputation on various posts under the 'Samagra Shiksha Abhiyan' at State, District and Block Level Offices, and order dated 12/2/19 (Annex.4), whereby, the Secretary issued instructions for taking employees on deputation. Further prayer has been made that petitioners be not disturbed from the post of Resource Persons.

(2.) It is inter alia indicated in the writ petitions that petitioners are working as Resource Persons. They were initially appointed on the post of Teacher Grade - III and are presently working on the post of Teacher Grade - I i.e School Lecturer. It is claimed that by order dated 26/9/18 (Annex.1 in C.W. No. 2952/2019) the petitioners were absorbed as Resource Persons and the petitioners who were working as Additional Block Elementary Education Officers ('ABEEO') joined as Resource Persons and they are continuing as such. It is claimed that the said appointment was approved by the competent authority as is evident from the order itself. It is then indicated that the State issued a circular/order for conducting walk-in-interview for deputation with regard to the posts being held by the petitioners inasmuch as in all 601 posts of Resource Persons have been indicated and same have been shown as vacant post for all the blocks. It is submitted that as the petitioners have already been absorbed on the post of Resource Persons in various blocks by order dated 26/9/18 (Annex.1), there is apparently no reason for the respondents to now re-advertise the said posts for being filled up by deputation and, therefore, the advertisement to the extent of posts held by them deserves to be set aside.

(3.) Reply to the writ petitions have been filed by the respondents inter alia indicating that the petitioners who were working as ABEEO in respective offices of Block Elementary Education Officers were accommodated as Resource Persons in view of instructions issued pursuant to the order by the State Government on 8/8/18 but the same was not approved by the competent authority. Submissions have been made that approval of transfer on deputation in the department of education is required to be done by the concerned Minister, however the same was not put up before the Minister.