Dismissed

Jitendra Singh and Ors. v. State and Ors.

Rajasthan HC3 Aug 2018CW/1864/2018

Case brief

AI extract

What is this about?

Dismissing multiple writ petitions by data entry operators terminated under the ICDS Mission Mode, the Court held that the withdrawal of Central Government's 75% financial assistance at the end of the Twelfth Five Year Plan constitutes sufficient grounds to scale down the posts. The respondents were directed to give preference to expelled employees for future contracts.

What did the court decide?

Petitioners directed to be given appropriate preference for future contractual appointments.

Jitendra Singh and Ors. Vs State and Ors. — Pension and Retirement Benefits | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ No. 1293/2018

¶3

Abul Hasan S/o Jan Mohamad , R/o Ashriwad Balaji Dham Ke Pass Ward No. 20, Nokha, District Bikaner Raj.

¶4

----Petitioner

¶5

Versus

¶6

The State Of Rajathan Through The Secretary , Department Of Rural Development And Panchayati Raj, Govt. Of Rajasthan, Secretariat, Jaipur.

¶7

The Secretary , Integrated Child Development Services Icds, Govt. Of Rajasthan, Jaipur.

¶8

The Director , Integrated Child Development Services Icds, Govt. Of Rajasthan, Jaipur.

¶9

Chief Executive Officer , Zila Parishad, Bikaner.

¶10

The Child Development Project Officer , Nokha, District Bikaner.

¶11

----Respondents

¶12

Connected With

¶13

S.B. Civil Writ No. 895/2018

¶14

Bheru Lal Dangi S/o Shri Veniram Dangi , R/o Nai Abadi, Satkhanda, Tehsil Nimbahera, District Chittorgarh Raj..

¶15

----Petitioner

¶16

Versus

¶17

The State Of Rajasthan Through The Secretary , Department Of Rural Development And Panchayati Raj, Govt. Of Rajasthan, Secretariat, Jaipur.

¶18

The Secretary, Integrated Child Development Services Icds , Govt. Of Rajasthan, Jaipur.

¶19

The Director, Integrated Child Development Services Icds , Govt. Of Rajasthan, Jaipur.

¶20

Chief Executive Officer, Zila Parishad , Chittorgarh. 5. Dy. Director, Women And Child Development , Chittorgarh, District Chittorgarh.

¶21

----Respondents

¶22

S.B. Civil Writ No. 951/2018

¶23

Ratan Lal Sharma S/o Shri Madan Lal Sharma , By Caste Sharma, R/o Village Bavlas, Tehsil Rashmi, District Chittorgarh.

¶24

Mukesh Kumar Sharma S/o Shri Prabhulal , By Caste Sharma, R/o Bavlas, Tehsil Rashmi, District Chittorgarh.

¶25

----Petitioners

¶26

Versus

¶27

The State Of Rajasthan Through The Secretary ,

¶28

(2 of 13)

¶29

[CW-1293/2018]

¶30

Department Of Rural Development And Panchayati Raj, Govt. Of Rajasthan, Secretariat, Jaipur.

¶31

The Secretary , Integrated Child Development Services Icds, Govt. Of Rajasthan, Jaipur.

¶32

The Director , Integrated Child Development Services Icds, Govt. Of Rajasthan, Jaipur.

¶33

Chief Executive Officer , Zila Parishad, Chittorgarh.

¶34

Dy. Director , Women And Child Development, Chittorgarh, District Chittorgarh.

¶35

The Child Development Project Officer , Rashmi, District Chittorgarh.

¶36

The Child Development Project Officer, Gangrar , District Chittorgarh.

¶37

The Secretary , Prayanthan Sewa Sansthan, Bhilwara, Near Ram Snehi Hospital, Nehru Road, Bhilwara.

¶38

----Respondents

¶39

S.B. Civil Writ No. 980/2018

¶40

Mukesh Kumar Prajapat S/o Shri Narayanlal Prajapat , R/o Vpo Akola, Tehsil Bhupalsagar, District Chittorgarh Raj..

¶41

Anjali Kunwer Shaktawat D/o Mitthu Singh Shaktawat , R/o Vpo Bhadesar, district Chittorgarh.

¶42

Suresh Kumar Janwa S/o Shri Ramlal Janwa , R/o Vpo Pind, Tehsil Badi Sadri, District Chittorgarh.

¶43

----Petitioners

¶44

Versus

¶45

The State Of Rajasthan Thorugh The Secretary , Department Of Rural Development And Panchayati Raj, Govt. Of Rajasthan, Secretariat, Jaipur.

¶46

The Secretary, Integrated Child Development Services Icds , Govt. Of Rajasthan, Jaipur.

¶47

The Director, Integrated Child Development Services Icds , Govt. Of Rajasthan, Jaipur.

¶48

Chief Executive Officer, Zila Parishad , Chittorgarh.

¶49

The Chief Development Project Officer, Bhupalsagar , District Chittorgarh.

¶50

The Child Development Project Officer, Bhadesar , District Chittorgarh.

¶51

(3 of 13) [CW-1293/2018]

¶52

The Child Development Project Officer, Badi Sadri , District Chittorgarh.

¶53

The President, Saroj Manohar Welfare And Development Society , 864, Pooja Nagar, Hiran Magri, Sector-4, Udaipur.

¶54

The Secretary, Geetanjali Vikas Sewa Sansthan , Suwaniya, Tehsil Gangrar, District Chittorgarh.

¶55

----Respondents

¶56

S.B. Civil Writ No. 982/2018

¶57

Santosh Kumari D/o Vardi Shanker , R/o M-T-3, Rps Colony, Rawatbhata, Chittorgarh Raj.

¶58

Pushpa Salvi D/o Kishanlal Salvi , R/o 39, Dagla Ka Khera, Chittorgarh, Dist. Chittorgarh. Raj..

¶59

Huma Khan W/o Zahid Khan , R/o Jawad Darwaza, Nimbahera, Dist. Chittorgarh.

¶60

----Petitioners

¶61

Versus

¶62

The State Of Rajasthan Through The Secretary , Department Of Rural Development And Panchayati Raj, Govt. Of Rajasthan, Secretariat, Jaipur.

¶63

The Secretary , Integrate Child Development Services Icds, Govt. Of Rajasthan, Jaipur.

¶64

The Director , Integrate Child Development Services Icds, Govt. Of Rajasthan, Jaipur.

¶65

Chief Executive Officer , Zila Parishad, Chittorgarh.

¶66

Dy. Director , Women And Child Development, Chittorgarh, District Chittorgarh.

¶67

The Child Development Project Officer , Bhensroad Garh, District Chittorgarh.

¶68

The Child Development Project Officer. , Chittorgarh, District Chittorgarh.

¶69

The Child Development Project Officer , Nimbahera, District Chittorgarh.

¶70

The Secretary , Kushal Computers, Chittorgarh.

¶71

The Secretary. , Geetanjali Vikas Sewa Sansthan, Suwaniya, Tehsil Gangrar, District Chittorgarh.

¶72

The Secretary Kumawat Computers , Station Road, Moti Bazar, Nimbahera, District Chittorgarh.

(4 of 13)

[CW-1293/2018]

----Respondents

S.B. Civil Writ No. 1272/2018

¶77

Ravi Das S/o Shri Shankar Lal , R/o Nohar, District Hanumangarh Raj.

¶78

----Petitioner

¶79

Versus

¶80

The State Of Rajasthan Through The Secretary , Department Of Rural Development And Panchayati Raj, Govt. Of Rajasthan, Secretariat, Jaipur.

¶81

The Secretary , Integrated Child Development Services Icds, Govt. Of Rajasthan, Jaipur.

¶82

The Director , Integrated Child Development Services Icds, Govt. Of Rajasthan, Jaipur.

¶83

Chief Executive Officer , Zila Parishad, Hanumangarh.

¶84

The Child Development Project Officer Nohar , District Hanumangarh.

¶85

Secretary , Global Services, Ward No 21, Vpo Lalgargh Jatan, District Sriganganagar.

¶86

----Respondents

¶87

S.B. Civil Writ No. 1593/2018

¶88

Naveen Kumar Sharma S/o Sushil Kumar , R/o Near Lilya Well, Ward No. 03, Sardar Shahar District Churu.

¶89

Narayan Sharma S/o Hanumanmal , R/o Near Lilya Well, Ginani Bass, Ward No. 07, Sardar Shahar District Churu.

¶90

Kundan Singh Rathore S/o Banne Singh Rathore , R/o Vpo Untwalia Block And District Churu.

¶91

Rajesh Jangir S/o Baldevram Jangir , R/o Near 8 No. School, New Road, District Churu.

¶92

Lalchand S/o Ranjit Singh , R/o Vpo Kalri Blcok Rajgarh District Churu.

¶93

Hanuman Prasad S/o Chandra Prakash Regar , R/o Regar Basti, Ward No. 38, District Churu.

¶94

Anil Prajapat S/o Sukharam Prajapat , R/o Ward No. 07, Kumharo Ka Mohalla, Taranagar, District Churu.

¶95

Deepak Sindal S/o Prahlad Sindal , R/o 183, Himmat Nagar-B, District Pali.

¶96

Rakesh Kumar S/o Ramesh Chandra , 457, Indra Colony Vistar District Pali

¶97

(5 of 13)

¶98

[CW-1293/2018]

¶99

Pradeep Kumar S/o Bheru Lal , R/o Marwar Kharchi District Pali

¶100

Gajendra Singh Rajpurohit S/o Sajjan Singh Rajpurohit , R/o 233, Janta Colony, District Pali

¶101

Ghanshyam S/o Sohan Lal , R/o Rohat District Pali

¶102

----Petitioners

¶103

Versus

¶104

The State Of Rajasthan Through The Secretary , Department Of Rural Development And Panchayati Raj, Govt. Of Rajasthan, Secretariat, Jaipur.

¶105

The Secretary , Integrated Child Development Services Icds, Govt. Of Rajasthan, Jaipur.

¶106

The Director , Integrated Child Development Services Icds, Govt. Of Rajasthan, Jaipur.

¶107

Chief Executive Officer , Zila Parishad, Churu.

¶108

Chief Executive Officer , Zila Parishad, Pali. 6. Dy. Director , Women And Child Development, Churu, District Churu.

¶109

Dy. Director , Women And Child Development, Pali, District Pali.

¶110

Child Development Programme Officers , Sardar Shahar District Churu.

¶111

Child Development Programme Officers , Rajgarh District Churu.

¶112

Child Development Programme Officers, Sardar Shahar Rural District Churu.

¶113

Child Development Programme Officers, Churu Rural District Churu.

¶114

Child Development Programme Officers, Churu City Shahar District Churu. ----Respondents

¶115

S.B. Civil Writ No. 1864/2018 Jitendra Singh And Ors. ----Petitioner Versus

State And Ors

----Respondent

(6 of 13)

[CW-1293/2018]

S.B. Civil Writ No. 2014/2018

¶121

Umesh S/o Ghanshyam Sain , R/o 2/240 Jai Narain Vyas Colony, Nagaur.

¶122

Abdul Rahman S/o Anwar Ali , R/o Bajarwada, Near Chauhano Ki Masjid Ke Pass, Nagaur.

¶123

Mohammad Nasir Khan Khilji S/o Abdul Wahid , Luharpura, Rajora Jav, Makrana, Nagaur.

¶124

Rajendra Kumar Jangid S/o Bhanwar Lal Jangid , R/o At Present Working As Computer Operator At Women And Child Development, Makaran Village, District Nagaur.

¶125

Manjur Pathan S/o Rajjak Mohammad , R/o Ward No. 10, Near Railway Field, Degana Junction, Nagaur.

¶126

Dinesh Inaniya S/o Mangi Lal , R/o Government Hospital, Marwar Mundwa, Nagaur.

¶127

Gurmeet Singh S/o Mejar Singh , R/o Ward No. 08, 28-DBlock, Gajsinghpura, Tehsil Padampur, Sri Ganganagar.

¶128

Nishan Singh S/o Nirmal Singh , R/o Village 5 E.e.a., Post Padampur Tehsil Padampur District Sri Ganganagar.

¶129

----Petitioners

¶130

Versus

¶131

The State Of Rajasthan Through The Secretary , Department Of Rural Development And Panchayati Raj, Govt. Of Rajasthan, Secretariat, Jaipur.

¶132

The Secretary, Integrated Child Development Services Icds , Govt. Of Rajasthan, Jaipur.

¶133

The Director, Integrated Child Development Services Icds , Govt. Of Rajasthan, Jaipur.

¶134

Chief Executive Officer, Zila Parishad , Sri Ganganagar

¶135

Chief Executive Officer, Zila Parishad, Nagaur.

¶136

Dy. Director, Women And Child Development , Sri Ganganagar, District Sri Ganganagar.

¶137

Dy. Director, Women And Child Development, Nagaur , District Nagaur.

¶138

Child Development Programme Officers , Sri Ganganagar District Sri Ganganagar.

¶139

Child Development Programme Officers, Nagaur District Nagaur.

----Respondents

(7 of 13)

[CW-1293/2018]

S.B. Civil Writ No. 2197/2018

¶144

Sanjay Kumar Gurjar S/o Shri Raju Ram Gurjar , Resident Of Village Siyana, Tehsil Jahajpur, District Bhilwara Raj.

¶145

Priyanka Sharma D/o Mandan Lal Sharma , R/o Vijay Singh Pathik Nagar, Bhilwara Raj.

¶146

Bhawna Lodha D/o Shri Bhopal Singh Lodha , Resident Of Bigod, P.o. Mandalgarh, District Bhilwara Raj.

¶147

Vijayandra Pal Singh Shekhawat S/o Shri Raghu Nath Singh Shekhawat , R/o Bathmal, Tehsil Asind, District Bhilwara Raj.

¶148

Sanjeev Kumar Vaishnav S/o Shri Ram Prasad Vaishnav , Resident Of Kotdi, District Bhilwara Raj.

¶149

----Petitioners Versus

¶150

The State Of Rajasthan Through The Secretary , Department Of Women And Child Development, Secretariat, Rajasthan, Jaipur Raj.

¶151

Director , Women And Child Development Department, 2 Jal Path, Gandhi Nagar, Jaipur Raj.

¶152

Dy. Director , Women And Child Development Department, Bhilwara, District Bhilwara Raj.

¶153

----Respondents

¶154

For Petitioner(s) : Mr. JS Bhaleria Mr. Shreekant Verma For Respondent(s) : Mr. Sunil Joshi Mr. Parvez Khan for Mr. Rajesh Panwar, AAG

¶155

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

¶156

Order

¶157

03/08/2018

¶158

These writ petitions under Article 226 of the Constitution of India have been preferred claiming, in sum and substance, the following reliefs:-

¶159

(8 of 13)

¶160

[CW-1293/2018]

¶161

“1. The order Annex.P/8 dated 01.01.2018 may kindly be quashed and set aside and the respondents may kindly be directed to allow the petitioners to work as Data Entry Operator on contracts basis in the ICDS Scheme as well as in the PMMVY Scheme till the completion of the scheme.

¶162

2. The respondents may kindly be further directed not to replace the petitioners with the other contract employee in the same terms.

¶163

3. Any other appropriate writ, order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

¶164

4. Costs of the writ petition may kindly be awarded to the petitioner.”

¶165

2. For the sake of convenience, the facts are being taken from the pleadings of the leading case being S.B.Civil Writ Petition No.980/2018.

¶166

Brief facts of this case, as noticed by this Court, are that the Integrated Child Development Services Mission Mode was launched by the respondents, in which the present petitioners, who are Data Entry Operators man with machine were taken at District Level for the project / scheme in question. The petitioners continued with their job and were being paid the salary through placement agency. However, the said engagement of the petitioners was brought to an end by the respondents vide order dated 01.01.2018, which is Annexure-8 of the writ petition, and the same reads as follows :-

¶167

“mijksDr fo"k;kUrxZr ,oa izklafxd i= ds dze esa ys[k

¶168

(9 of 13)

¶169

[CW-1293/2018]

¶170

gS fd Lohdr lafonk inksa dks 12 oha iapo’khZ ;kstuk ds var rd lgefr nsrs gq, fnukad 31-03-2017 rd ctV dh Lohdfr nh xbZ FkhA

¶171

Hkkjr ljdkj us foRrh; o"kZ 2017&18 dh okf"kZd ,ihvkbZih esa lafonk inksa dk ctV vkoaVu ugha fd;s tkus ds dkj.k funs'kky; }kjk tkjh vkns'k fnukad 31-03-2017 dk vikLr ¼foMªk½ djrs gq, Lohd`r lHkh inksa dks fnukad 01-012018 dks rRdky izHkko ls gVkus ds funsZ'k fn;s tkrs gSA

¶172

;fn mDr fnukad i'pkr fdlh Hkh lafonk inksa o ¼Data Entry Computer Operator ¼ machine with man½ lafonk dkfeZdksa dks j[krs gS rks ftldh lEiw.kZ tokcnsgh vkidh jgsxhA”

¶173

Learned counsel for the petitioners argued that though Integrated Child Development Services Mission Mode under the Twelfth Five Year Plan has been cut down by the Central Government, but the respondents have initiated another Scheme under the ICDS i.e. Pradhanmantri Matratv Vandana Yojana (PMMVY), and therefore, the petitioners could have been allowed to remain as Data Entry Operator under the new scheme, as they were trained for the same, while they were being trained for ICDS Mission Mode.

¶174

Learned counsel for the petitioners states that the original scheme is in currency and if such original scheme of ICDS Mission Mode is continuing, then the petitioners who are contractual Data Entry Operators cannot be replaced by another set of Data Entry Operators on contract basis.

¶175

Learned counsel for the petitioners has relied upon the judgment rendered by this Court in Hukum Singh Rajpurohit

¶176

Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition

¶177

No.12972/2017 , decided on 17.01.2018. The relevant portion of

¶178

(10 of 13)

¶179

[CW-1293/2018]

¶180

said judgment reads as under :-

¶181

“7. This Court is of the opinion that the petitioner who is a contractual employee cannot be replaced by another set of contractual employee unless the respondents need to terminate his services on account of three issues :-

¶182

(a) If the petitioner is not performing his task as per the satisfaction of respondents.

¶183

(b) The scheme/project is coming to an end.

¶184

¶185

Admittedly, the respondents case is not that the petitioners services are not satisfactory. The respondents have also not been able to point out that the scheme/project/plan is being discontinued and hence the posts are being scaled down. The respondents have not been able to point out as to whether the petitioners are proposed to be replaced by another set of regularly selected employees, thus, the writ petition is allowed and the respondents are directed to continue the petitioners on their respective posts till any of the aforesaid three reasons come into operation.”

¶186

Learned counsel for the respondents has, however, pointed out from Annexure R/3 of the reply, which is the Minutes of the Meeting of the Empowered Programme Committee under ICDS for examination of APIP of States/UTs for the year 2017-18. Clause 5.1 of the General Issues and Observations reads as follows :-

¶187

“5.1 Salary for contractual posts at State/UT, District and Block/Sector/Project level has been discontinued from 01.04.2017 as these posts were approved for the 12^th Plan period only. Salary for contractual staff, if continued beyond 01.04.2017 will be paid by the State/UT from their own resources.”

¶188

Learned counsel for the respondents has, thus, made

¶189

(11 of 13) [CW-1293/2018]

¶190

out a case that the Central Government has withdrawn its financial

¶191

assistance for the ICDS Mission Mode, and the Central Government was earlier financing the Mission Mode in the ratio of 75 : 25, and since the said 75% ratio component has been withdrawn, therefore, the respondents have no other choice but to scale down the Data Entry Operators operating under the ICDS Mission Mode.

¶192

Learned counsel for the respondents has demonstrated from the impugned order dated 01.01.2018 (Annexure P/8 of the writ petition), which has already been reproduced hereinabove, that the only reason for passing the said order was that the financial sanction for the post in question under the Twelfth Five Year Plan had come to an end and thus, the financial sanction for further continuing with these posts has been withdrawn.

¶193

After hearing counsel for the parties and perusing the record of the case alongwith the precedent law cited at the Bar, this Court finds that Annexure R/3 of the reply, which is dated 17.07.2017, and the relevant portion whereof has been already reproduced hereinabove, clearly points out that the contractual posts in question were approved for Twelfth Five Year Plan period only, and the Central Government has categorically taken a stand that if the same was to be continued beyond 01.04.2017, the States/UT shall have to pay the salary of the contractual staff from their own resources.

¶194

It is an admitted fact, which has not been refuted by the petitioners that the Central Government component of 75% finance has gone away with the Twelfth Five Year Plan, which has

¶195

(12 of 13)

¶196

[CW-1293/2018]

¶197

already come to an end, and thus, the Data Entry Operators have to be scaled down, in light of the withdrawn portion of the financial assistance, which was made available by the Central Government.

¶198

This Court has seen the precedent law cited at the Bar by learned counsel for the petitioners, finds that normally contractual employee should not be replaced by any other contractual employee, unless he is not performing well or the scheme / project under which he is working pursuant to his engagement thereunder is over or he is being replaced by regularly selected candidate. However, this precedent law does not apply in the present circumstances, as the scheme / project has partially come to an end, as the financial sanction for the post in question under the Twelfth Five Year Plan has admittedly been withdrawn by the Central Government. The withdrawal of such financial sanction has given the respondents sufficient reason to do away with the contractual appointment under the ICDS Mission Mode, by scaling down the posts in question.

¶199

This Court is thus of the opinion that no relief can be granted to the present petitioners, who admittedly are under ICDS Mission Mode and working as Data Entry Operator. While deciding these petitions, this Court records the statement of the respondents that the present petitioners, who are contractual employees shall not be replaced by another set of contractual employees under the Mission Mode.

¶200

In light of the aforesaid observations, no case for granting any indulgence to the petitioners is made out in the

¶201

(13 of 13) [CW-1293/2018]

¶202

present writ petitions and the same are accordingly dismissed. However, the respondents are directed that in case any other contractual appointments of Data Entry Operators under the ICDS Mission Mode are to be continued or to be made, then the present petitioners shall be given appropriate preference.

¶203

(PUSHPENDRA SINGH BHATI),J sudheer

Jitendra Singh and Ors. v. State and Ors.

Case brief

What is this about?

What did the court decide?

Jitendra Singh and Ors. v. State and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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