Allowed

Smt. Alka Vaishnav and Anr. v. State and Ors.

Rajasthan HC2 Nov 2011CW/2624/2011

Case brief

AI extract

What is this about?

This court allowed the writ petition in terms of the directions issued in CWP No.8531/2011 (Lali Kumari Meena Vs. State of Rajasthan) regarding the employment and termination of contract teachers, holding the matter squarely covered by that precedent.

What did the court decide?

The petition was allowed to the extent of the directions issued in CWP No.8531/2011. No order as to costs.

Smt. Alka Vaishnav and Anr. Vs State and Ors. — Service and Employment | Rajasthan HC (2011)

¶1

¶2

SBCWP No.2624/2011 Smt. Alka Vishnav Vs. State of Rajasthan & Ors.

¶3

6 S.B. CIVIL WRIT PETITION NO.2624/2011

¶4

Smt. Alka Vaishnav Vs. State of Rajasthan & Ors.

¶5

DATE OF ORDER: 2^nd November 2011

¶6

HON'BLE MR. JUSTICE DINESH MAHESHWARI

¶7

Mr. Himmat Arora, for the petitioner. Mr. P.R. Singh, for the respondents.

¶8

<><><>

¶9

BY THE COURT :

¶10

The learned counsel Mr. P.R.Singh appears for all the contesting respondents. Therefore, service is complete.

¶11

At the request and with the consent of learned counsel for the parties, the matter has been considered finally at this stage itself.

¶12

The learned counsel for the parties submit ad idem that the matter in issue stands squarely covered by the decision of this Court rendered at Jaipur Bench in a batch of petitions led by CWP No.8531/2011 : Lali Kumari Meena Vs. The State of Rajasthan & Ors. wherein, in relation to the similarly circumstanced persons and the similar grievances, this Court has issued the following directions:

¶13

“ (i) the petitioners who are continued in service either pursuant to the order of this Court or otherwise, would be continued and would not be replaced by another set of contract employees.

¶14

(ii) In event of reduction of posts, teachers appointed on contract basis can be terminated but from the school, which is withdrawn from Sarva Shikha Abhiyan and accordingly, services of the teachers in the school are not required or even in a case where number of teachers are to be reduced in the school on account of reduction of strength of the students.

¶15

(iii) The services of the contract teachers can be dispensed with if there is a complaint or they are found to be inefficient for providing quality

¶16

¶17

SBCWP No.2624/2011 Smt. Alka Vishnav Vs. State of Rajasthan & Ors.

¶18

education. However, action in that regard, would be taken after following the principle of natural justice.

¶19

(iv) The contract teachers/employees may not be terminated only on account of litigation with the respondents.

¶20

(v) After adjusting the contract employees already working, if any post remains vacant, the respondents would be at liberty to fill-up the same by taking teachers on deputation. However, care may be taken that teachers may not be taken on deputation in excess as it would be at the cost of government schools which have facing for want of teachers.

¶21

(vi) In case, recruitment of 41,000 teachers or sufficient number of teachers is made with the appointment and therein the respondents take a decision to engage teachers on deputation as all the posts to be filled from regularly selected candidates, in that eventuality also, services of the petitioners can be dispensed with but it should not be by replacement of another set of contract employees.

¶22

(vii) In case, the Scheme is dispensed with or is not continued by the Government either in the present name or any other name, then also the petitioners would have no right to seek continuance on the post on which they are working.”

¶23

This petition is also allowed to the extent of the directions aforesaid and in the same terms. No order as to

¶24

costs.

¶25

(DINESH MAHESHWARI), J.

¶26

cpgoyal/-

Smt. Alka Vaishnav and Anr. v. State and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Alka Vaishnav and Anr. v. State and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Smt. Bhikhadevi Vs Raj. State Mineral Deve. Corp. Ltd.andORS

M/S. Super Shiv Shakti Chemicals P. Ltd. Vs State of Raj. and Ors.

Piyush Chopra Vs Union of India and Ors.

Gula Ram @ Gulab Chand Vs State

Ramchandra and Ors. Vs State of Raj. and Ors.

Smt. Meena Sharma Vs State Panchayat Raj and Ors.