Full Judgment
S.B.Civil Writ Petition No.897/2014 Ramesh Shilu and anr.
versus State of Rajathan & ORS.Order dt: 03/02/2014 1/4 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER
S.B.Civil Writ Petition No.897/2014 Achla Ram versus State of Rajasthan & ORS.Date of Order ::: 3rd February, 2014 PRESENT HON'BLE Dr.
JUSTICE VINEET KOTHARI Appearance: Mr.O.P.Meghwanshi, for the petitioner.
Ms.Kusum Rao, Addl.
Govt.
Counsel.
-- BY THE COURT: 1.
The petitioner has preferred this writ petition seeking following relief(s).- “It is, therefore, humbly and respectfully prayed that the writ petition filed by the petitioner may kindly be allowed and by an appropriate writ, order or directions: (1) The respondents may kindly be directed to allow the petitioner on his respective post as a Vidhyarthi Mitra.
(2) The respondent-authorities may kindly be directed not to terminate the service of the petitioner and be permitted him to work on the S.B.Civil Writ Petition No.897/2014 Ramesh Shilu and anr.
versus State of Rajathan & ORS.Order dt: 03/02/2014 2/4 post of Vidhyarthi Mitra, till regular selections from RPSC or DPC for the posts held by them is made as law laid down by this Hon'ble Court in the writ petition filed ealrier by the petitioners and as well as in the connected matters of Vidhyarthi Mitras.
(3) The respondent-authorities may kindly be directed to adjust the petitioner against the vacant post at Govt.
Upper Primary School, Pinjopura, Panchayat Samiti Sayla District Jalore, lying in the respondent-department.
(4) Any other relief which the Hon'ble Court considers just and proper in the facts and circumstances of the case may kindly be granted in favour of the petitioner.
(5) Costs of Writ Petition may kindly be awarded to the petitioners.”
.
2.
Learned Counsel for the petitioneRs.however, fairly submit that a coordinate bench of this Court has recently decided the controveRs.and dismissed the similar writ petition in the case of Tilok Singh & ORS.versus State of Rajasthan & ORS.(S.B.Civil Writ Petition No.10339/2012) decided on 21.10.2013 by the coordinate bench in the following terMs.- “In the result, the writ petition No.8154/10 is allowed.
The writ petitions preferred by the petitioners assailing their termination from service, claiming continuance/re-employment as Vidhyarthi Mitra and against the insistence of the Government for execution of the fresh contract, are dismissed.
The Vidhyarthi S.B.Civil Writ Petition No.897/2014 Ramesh Shilu and anr.
versus State of Rajathan & ORS.Order dt: 03/02/2014 3/4 Mitra Scheme introduced by the State Government for engagement of 'Vidhyarthi Mitra' on contractual basis on fixed honorarium against the posts of Teachers Gr.III, Senior Teachers and School Lecturers is declared illegal and unconstitutional.
The respondents are restrained from engaging the Vidhyarthi Mitra under the Vidhyarthi Mitra Scheme against the posts of Teachers Gr.III, Senior Teachers and School LectureRs.The respondents are directed to proceed with the recruitment process to fill in all the vacant posts of Teachers and School Lecturers in various services/cadres forthwith and complete the process as early as possible, in any case, within a period of six months from the date of receipt of certified copy of this order.
It is made clear that pending completion of the regular recruitment process, the State shall not be precluded from engaging the eligible persons on the various posts of Teachers on urgent temporary basis in accordance with the relevant recruitment Rules.
The State shall also ensure that henceforth the determination of the vacancies of Teachers in various services/cadres is made every year as mandated by the relevant recruitment Rules and all efforts shall be made to fill up the vacancies preferably before the next academic session starts in the schools run by the State.
The petitioners who have not been paid honorarium for the period they had worked with the respondents as Vidhyarthi Mitra, shall be paid the amount due within a period of two months from the date of receipt of certified copy of this order.
It is made clear that on account of the Vidhyarthi Mitra Scheme S.B.Civil Writ Petition No.897/2014 Ramesh Shilu and anr.
versus State of Rajathan & ORS.Order dt: 03/02/2014 4/4 being declared illegal and unconstitutional, the petitioners and their likes who had worked with the respondents as Vidhyarthi Mitra, shall not be deprived of the benefits already accrued to them.
No order as to costs.
Sd/- (Sangeet Lodha),J.”
.
3.
Accordingly, the present writ petition is disposed of in same terMs.No costs.
A copy of this order be sent to the concerned parties forthwith.
(Dr.
VINEET KOTHARI).J.
DJ/- 102